Build Labour – Terms and Conditions of Use
1. In these Terms and Conditions:
a) “Content” means any content that you post or transmit through the Service, in any form whatsoever, including impressions, images, text or sound.
(b) “Employers” means any individual, organisation or other entity which uses the Service for the purpose or with the intention of employing or otherwise appointing Workers (whether as a direct employee or as a contractor).
(c) “Build Labour Account” means an account you establish on the Build Labour Platform.
(d) “Build Labour Platforms” means any Build Labour mobile applications for Android and iOS devices (including, without limitation, ‘Build Labour for Workers’ and ‘Build Labour for Employers’) as well as any other platform created by Build Labour, including without limitation the Build Labour Website.
(e) “Build Labour Website” means our website at www.buildlabour.com.au and any other websites operated by Build Labour and its associates from time to time.
(f) “Worker” means an individual who uses the Service for the purpose or with the intention of finding employment in any form (including as a direct employee, or as an independent contractor).
(g) “Privacy Policy” means the Build Labour privacy policy which is available at https://buildlabour.com.au/privacy
(h) “Service” has the meaning set out in clause 2 of these Terms & Conditions.
(i) “us”, “we”, “our” or “Build Labour” means Build Labour Pty Ltd (ACN 629 038 306) or any subsidiaries or related entities.
(j) “you” or “your” means each user of this Service (whether a worker or an employer, or otherwise):
2. By creating a Build Labour Account or by using a Build Labour Platform (together the Service), you agree to comply with these Terms and Conditions (Terms) and our Privacy Policy.
3. You also agree to be bound by any other terms and conditions, notices and disclaimers displayed on the Build Labour Website or Platforms.
4. These Terms and Conditions apply whether you are using the Service through a mobile device, mobile application or computer.
5. If you do not agree to be bound by these Terms and Conditions, do not use the Service. You will not be permitted to use the Service unless you accept and comply with these Terms and Conditions.
6. If you have any questions about these Terms and Conditions, please contact us via the “Contact Us” page on the Build Labour Website.
7. All personal information you provide to us will be treated in accordance with our Privacy Policy.
Changes to Terms and conditions
8. We may make changes to the Terms and Conditions at any time. The amended version will be made available on the Build Labour Website, and may, at our discretion, be made available on the other Build Labour Platforms.
9. If you continue to use our Services after we change our Terms of Conditions, you are deemed to accept them.
10. If you do not accept our amended Terms and Conditions, your remedy is to discontinue using the Services.
Termination
11. You may terminate your Build Labour Account at any time, for any reason by contacting us via the “Contact Us” page on the Build Labour Website, or by such other method as notified by Build Labour from time to time.
12. We may terminate or suspend your Build Labour Account at any time without notice for any reason at our discretion.
13. After your Build Labour Account is terminated, the agreement between us will terminate, excluding those Terms and Conditions capable of surviving termination, which will continue to apply.
Your Interactions with Others on the Service
14. Your interactions with others on and through the Service are your sole responsibility.
15. We do not verify the statements of users of the Service, including but not limited to: their suitability either as a worker or an employer; the accuracy or the veracity of the content of any posts or communications they make; their identity; or their appropriateness for any particular role.
16. We make no warranties or representations as to the conduct of users of the Service.
17. In no event are we liable for any direct or indirect losses or damages arising out the conduct of you or anyone else in connection with the use of the Service.
18. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to meet in person. This includes, but is not limited to, conducting your own due diligence prior to meeting with any user of the service.
19. We may (though we are not obliged to) monitor any interactions that you have on the Service with any person, including other users (whether Workers or Employers). We reserve the right, but have no obligation, to monitor disputes between users of the Service.
20. You agree to hold us harmless in connection with any dispute or claim that you make against any other user of the Service.
21. We may record and store any information relating to any complaint made against you relating to your use of the Service.
22. You agree to read and follow the Safety Tips located on the Build Labour Website, prior to using the Service.
Secure access
23. Your login and password and/or PIN for accessing the Build Labour Platforms are your responsibility. You are responsible for keeping your login and password secure, and you must logout from your Build Labour Account at the end of a session, or ensure that any device with the Build Labour Platform installed is appropriately secured. Any activities that occur under your login and password are wholly your responsibility. You agree to immediately notify us of any unauthorised use of your Build Labour Account.
24. While Build Labour takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Build Labour or any Build Labour Platform. Build Labour disclaims all liability to you to the greatest extent possible pursuant to law should this occur. Please see our Privacy Policy for further information.
25. We may request a form of identification to verify your identity and/or your compliance with the Terms and Conditions.
Content Posted on or Transmitted Through the Service.
26. You are solely responsible for any Content you post on or transmit through the Service. You warrant that any Content you post or transmit is truthful and accurate.
27. You agree that anyone using or visiting the Service may view your Content.
28. By posting or transmitting any Content through the Service, you irrevocably licence and authorise us to provide that Content to other users of the Service (including, in the case of Workers, to Employers).
29. You agree not to post on or transmit through the Service, Content that
(a) is unlawful, obscene, defamatory, malicious, indecent, abusive, threatening, harassing, offensive or inappropriate;
(b) is false or misleading in any way;
(c) infringes the rights of any third party;
(d) you do not have a right to make available under any law or contractual obligation; or
(e) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
30. We are not responsible for, and accept no liability with respect to, any Content posted on or transmitted through the Service, by any person or corporate entity.
31. We have no obligation to review Content posted on or transmitted through the Service, but we do reserve our right to review Content.
32. Without limiting your responsibilities under the Terms and Conditions, we may, at our sole discretion, delete your Build Labour Account or remove or modify Content that is in violation of the Terms and Conditions, or that has the potential to harm our reputation. We also reserve our right to investigate or take legal action against anyone who violates these Terms and Conditions (whether because of certain Content, or any other reason whatsoever).
33. We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on the Service.
34. We are not liable for any loss, damage, cost or expense resulting from anyone’s reliance on Content posted on or transmitted through on the Service.
35. If we believe you have misused the Service, or engaged in inappropriate or unlawful behaviour, we reserve the right to investigate, suspend and/or terminate your Build Labour Account at our sole discretion. This includes actions or communications that occur off the Service but involve users you meet through the Service.
36. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
(a) impersonate any person or entity;
(b) through any act or omission mislead or deceive others;
(c) solicit money from any users;
(d) post any Content that is prohibited by these Terms and Conditions;
(e) stalk or otherwise harass or intimidate any person;
(f) express or imply that any statements you make are endorsed by us without our specific prior written consent;
(g) use the Service in an illegal manner or to commit an illegal act;
(h) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
(i) collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service;
(j) interfere with or disrupt the Service or Build Labour Platforms or the servers or networks connected to the Service or Build Labour Platforms;
(k) transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(l) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service or via the Build Labour Platforms (either directly or indirectly through use of third party software);
(m) “frame” or “mirror” any part of the Service, without our prior written consent;
(n) use meta tags or code or other devices containing any reference to us or to Service (or any trademark, trade name, service mark, logo or slogan that we own or have legal rights to) to direct any person to any other website for any purpose;
(o) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so; or
(p) post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
37. We may modify or discontinue the Service without notice, and we are not liable to you or any third party for any direct or indirect loss or damage that may arise from this.
38. We do not represent that the Service will be secure or error-free, and we are not liable to you or any third party for any direct or indirect loss or damage that may arise from this.
Intellectual property
39. All proprietary rights in and relating to the Service (including all intellectual property rights of any nature associated with the Build Labour Platforms) are owned by us, and cannot be used in any way without our prior written consent.
40. You represent and warrant that anything you post or transmit using the Service does not infringe the intellectual property rights of any third party.
41. You agree that anything you post on or transmit through our Service may be used by us for any purpose, subject to our obligations under our Privacy Policy. You warrant that you have the right to grant us such rights.
Third party websites and advertising
42. We do not accept responsibility for the content of, nor endorse the services or goods contained in, any advertising from third parties that is displayed on the Build Labour Platforms or otherwise through the Service. We are not responsible or liable for any direct or indirect damage caused in connection with your reliance on such advertising.
43. You agree that you access any hyperlinks to websites contained in the advertising from third parties at your own risk. Any dealings you have with third parties Build Labour in or though the Service is at your sole risk. We do not accept any liability or responsibility for the outcome of any such dealings.
Limitation of liability and indemnity
44. You acknowledge that you use the Service at your own risk.
45. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Service, or any other members’ use of or conduct in connection with the Service, in any circumstance.
46. You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of, or in connection with, your use of, or conduct in connection with the Service, including without limitation any breach by you of these Terms and Conditions.
47. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for these Terms and Conditions, might apply in relation to your use of the Service. In particular, we do not make any representations or warranties that the Service will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the Service.
48. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Service purchased by you during the term of your membership.
49. In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
General
50. Any provision of these Terms and Conditions which are invalid or unenforceable in a particular jurisdiction may be read down or severed to the extent of the invalidity or unenforceability in that jurisdiction only. The invalidity or unenforceability of a provision of these Terms and Conditions in one jurisdiction does not affect the enforceability of any other provision.
51. These Terms and Conditions are governed by the laws in force in Victoria and you irrevocably submit to the exclusive jurisdiction of the Courts sitting in Victoria.
52. No partnership, joint venture, employment, or agency relationship exists between you and us as a result of these Terms and Conditions, or your use of the Service.
53. The Terms and Conditions represent the entire agreement between you and us regarding your use of the Service.
54. We may provide you with notices using any reasonable means including email, SMS, MMS, text message or postings in the Service.
Payment
55. Build Labour reserves the right to charge fees for provision of the Services. Fees may be paid by way of a direct debit arrangement, by credit card or such other method as Build Labour permits from time to time in its discretion.
56. Where an invoice is issued, all amounts owing to Build Labour must be paid within 7 days of the date of that invoice.
57. You are irrevocably obliged to pay for the services that Build Labour agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide Build Labour with the necessary materials or information for Build Labour to deliver these services to you, you are still liable to Build Labour for full payment.
58. Should you elect to terminate your Build Labour Account, Build Labour will not issue a refund for prior payments. You will continue to be granted access to the Build Labour Platform until the conclusion of your subscription to the Service
59. We may agree to enter into a subscription plan with you. Any subscription plan will automatically renew on the monthly anniversary of the commencement date of the subscription. Any cancellation of a subscription plan will be effective from the conclusion of the subscription period.
60. Build Labour may charge you interest on late payments at its applicable bank interest rate plus any costs we incur as a result of collecting your payment.
61. If you do not pay any amounts owing to Build Labour on time, Build Labour may disable your Build Labour Account without notice and refuse to supply further services to you.
62. You agree that pursuant to the Privacy Act 1988 (Cth), Build Labour may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you.
63. You agree that Build Labour may disclose this information to a credit reporting agency or any other interested person.
Additional Terms applying to Workers
64. If you are a Worker, the following additional terms and conditions also apply to your use of this Service:
(a) As at the date of these Terms and Conditions, you are not obliged to pay any fees for creating a Build Labour Account or otherwise utilising the Service. We reserve the right to commence charging fees for the use of our Services at any time.
(b) We do not recommend or endorse, nor do we guarantee the availability of, any job vacancy or other advertisement displayed on the Service.
(c) We do not guarantee that every job advertised is an actual job vacancy.
(d) We strongly recommend you seek independent financial and legal advice prior to entering into any agreement with any employer that you have accessed through the Service.
(e) By using the Service, subject to relevant law, you are deemed to authorise Build Labour to:
(i) make an application to an Employer on your behalf (Application); and
(ii) consent, on your behalf, to the terms and conditions imposed by the Employer (including any website terms and conditions and privacy policy) in relation to the Application.
For the avoidance of any doubt, Build Labour will not be liable for any loss or liability that you suffer as a consequence of the provision of information to an Employer in accordance with this clause.
Additional Terms applying to Employers
65. If you are an Employer, the following terms and conditions also apply to your use of the Service:
(a) You warrant and agree that:
(i) you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
(ii) advertisements and other works posted on the Build Labour Website do not breach the intellectual property rights of any third party;
(iii) all files delivered to Build Labour will be free of infection or viruses;
(iv) you will not use the Build Labour Platform for any illegal purpose;
(v) you will not use the Build Labour Website or any features of the Build Labour Website or products offered on the site to upload, download, transact, store or make available data that is unlawful, harassing threatening, harmful, tortious, defamatory, libellous, abusive violent, obscene, invasive of another’s privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to Build Labour, the Build Labour Website users or persons generally;
(b) You indemnify us in relation to any loss or liability which we, or our associates, agents, employees or contractors, suffer as a consequence of your failure to pay any fees to us when due.
(c) We do not recommend or endorse, nor do we guarantee the availability or appropriateness of, any Worker using the Service. At the time of these Terms and Conditions, no Worker is vetted or assessed by us as part of their use of this Platform. Each employer is responsible for making their own assessment of the appropriateness and validity of any Worker.
(d) We do not guarantee that every Worker using the Service is actually seeking employment.
(e) If you employ or otherwise appoint (including by way of establishing a consulting or contracting arrangement) any Worker that you find on our Service, you warrant and represent that your employment or appointment of that person will be in compliance with all applicable workplace regulations laws and regulations.
(f) We strongly recommend that you conduct your own due diligence on any Worker prior to entering into any agreement with any Worker that you have accessed through the Service.
Superannuation funds
66. Build Labour may from time to time provide to you, via the Build Labour Website or a Build Labour Platform, factual information in relation to superannuation funds. You acknowledge that in providing you this information about superannuation funds on the Build Labour Website or a Build Labour Platform:
(a) you are not obliged to enrol with a superannuation fund through the Build Labour Website or a Build Labour Platform and instead, you can enrol with your desired superannuation fund through the respective superannuation funds’s website or by contacting that superannuation fund directly; and
(b) if you choose to supply personal information via a Build Labour Website or a Build Labour Platform, with the intention of enrolling in a superannuation fund, this information will be processed by the respective superannuation fund rather than by Build Labour; Build Labour does not have the power or ability to enrol you with a superannuation fund.
67. You further acknowledge that:
(a) Build Labour provides no opinion and does not guarantee or warrant the performance of the superannuation fund you may choose to enrol with or invest in;
(b) investing in superannuation funds carry risks and generally fluctuate in value;
(c) when investing in a superannuation fund, there is no guarantee that you will receive the capital that you originally invested; and
(d) you are broadly aware of the risks in investing in a superannuation fund and therefore, you will endeavour to consult your financial advisor or other suitable professional before enrolling or investing in a superannuation fund.