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terms&conditions
Terms & Conditions
By accessing and using the Platform, you agree to be bound by these Terms. If you do not accept these Terms, please stop using the Platform.
1. Application of the Terms
  • 1.1 The Platform is owned and operated by Philled Pty Ltd (ABN 44 656 428 483).
  • 1.2 Through the Platform, from time to time you may be able to:
    • (a) access the Content;
    • (b) submit a Listing and receive applications to that Listing;
    • (c) respond to a Listing;
    • (d) access and submit an inquiry form to contact us.
  • 1.3 If you are an Employer, you acknowledge and agree that the Listing Terms also apply to your use of the Platform in addition to these Terms. To the extent of any inconsistency, the Listing Terms takes precedence.
  • 1.4 We may amend these Terms from time to time without notice. 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.
  • 1.5 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.
2. Account creation
  • 2.1 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.
  • 2.2 Unless stated otherwise, each account is for a single user only and not for multiple users. You are responsible for maintaining 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.
  • 2.3 We may suspend, terminate or cancel your account and/or your access to any or all of the Platform our sole discretion. Where we suspend, terminate or cancel your account, you must not attempt to re-register without our prior written consent.
3. Security of information
  • 3.1 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.
  • 3.2 Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
4. Privacy
  • 4.1 Our privacy policy sets out the types of personal information we collect, how we collect, use and disclose that personal information, and your rights. A copy of our privacy policy can be found at https://workinAUS.com.au/privacy-policy (Privacy Policy).
  • 4.2 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.
5. Intellectual property
  • 5.1 Unless otherwise stated, workinAUS and/or its licensors own the Intellectual Property Rights in the Platform and the Content. All Intellectual Property Rights are reserved.
  • 5.2 You may view the Platform and access the Content for your own personal use subject to restrictions set out in these Terms.
  • 5.3You must not:
    • (a) republish or redistribute any Content;
    • (b) sell, rent or sub-license Content; or
    • (c) scrape, reproduce, duplicate or copy any Content.
  • 5.4 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.
6. User Content
  • 6.1 You retain all of your rights to any User Content you submit to the Platform.
  • 6.2 You are responsible for all User Content you submit via the Platform. You warrant that all User Content you submit:
    • (a) is accurate, complete and not misleading;
    • (b) does not infringe the rights (including Intellectual Property Rights) of any third party;
    • (c) complies with these Terms and all applicable laws;
    • (d) 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
    • (e) idoes not contain any obscene, inappropriate, defamatory, disparaging, indecent, offensive, pornographic, threatening, abusive, racially insensitive or discriminatory material.
  • 6.3 By submitting User Content to the Platform that is an application in response to a Listing, you acknowledge and agree that:
    • (a) we will provide that application to the entity that submitted the Listing;
    • (b) that entity may use your User Content to review your application and to contact you in relation to your application; and
    • (c) we may use that information to comply with government requirements relating to labour market testing for the Listing.
  • 6.4 By submitting any other User Content (including as part of a Listing), 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 and such other locations as agreed by you, including to comply with government requirements relating to labour market testing for the Listing.
  • 6.5 You acknowledge and agree that we may analyse User Content on an aggregate and anonymised basis and user behaviour and create and publish reports on this content.
  • 6.6 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.
7. Ratings and Reviews
  • 7.1 To the extent that you are asked to rate and post reviews (including in the form of video content) in relation to Listings 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.
  • 7.2 Because we strive to maintain a high level of integrity with respect to Ratings and Reviews on the Platform, you agree that:
    • (a) you will base any Rating or Review on first-hand experience with the Listing or user;
    • (b) 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;
    • (c) you will not submit a Rating or Review in exchange for payment or other benefits; and
    • (d) your Rating or Review will comply with these Terms.
  • 7.3 If we determine, in our sole discretion, that any Rating or Review does not comply with the requirements in this clause 7 , we may exclude such Rating or Review without notice.
8. Third party material
  • 8.1 You may be able, through hypertext or other links on the Platform, to gain access to websites or materials which are not owned or operated by us, including User Content (Third Party Material). Unless otherwise specified, the Third Party Material is not owned or controlled by workinAUS.
  • 8.2 We strongly advise you to read, and comply with, the terms and conditions and privacy policies of any Third Party Material that you access.
  • 8.3 You acknowledge and agree that:
    • (a) we do not grant, or license to you, any rights in respect of the Third Party Material;
    • (b) we are not responsible for examining or evaluating the content or accuracy of the Third Party Material;
    • (c) 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 of, or reliance on, any Third Party Material.
9. Limitations of use
  • 9.1 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:
    • (a) store or transmit:
      • (i) unlawful, defamatory, false, misleading, untrue, abusive, obscene or tortious material;
      • (ii) material in violation of any third party rights; or
      • (iii) harmful codes, malware or viruses;
    • (b) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate any other user of the Platform;
    • (c) interfere with or disrupt the integrity or performance of the Platform or the experience of any other user of the Platform;
    • (d) 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;
    • (e) 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;
    • (f) use the Platform for any unlawful purpose or in any way that would violate any law.
10. Limitation of liability
  • 10.1 The Platform and Content is provided by us in good faith on an “as is” basis.
  • 10.2 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.
  • 10.3 To the maximum extent permitted by law:
    • (a) your use of the Platform and its Content is at your own risk;
    • (b) 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:
      • (i) regarding the accuracy, adequacy, reliability, completeness or timeliness of the Content;
      • (ii) that the Content is suitable for your intended use. the Content;
      • (iii) that the Platform or Content is free from human or mechanical error, technical inaccuracies or other typographical errors or defects; and
    • (c) we are not liable to you or any other party for any:
      • (i) 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;
      • (ii) loss, damage or inconvenience suffered due to the unavailability, withdrawal, corruption or loss of any Content; or
      • (iii) the actions of any other user of the Platform.
  • 10.4 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:
    • (a) the supply of the services again; or
    • (b) the payment of the cost of having the services supplied again.
11. Maintenance
  • 11.1 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.
  • 11.2 For the avoidance of doubt, nothing in part 11.1 of these Terms requires us to take such actions.
12. App Store
  • You acknowledge and agree that the availability of the workinAUS Platform may be dependent on the third party from which you received the workinAUS app license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these Terms are between you and workinAUS and not with the App Store and that workinAUS is responsible for the provision of the Platform as described in these Terms. However, if you downloaded the Application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference  Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user”. In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms will prevail.]
13. Miscellaneous
  • 13.1 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.
  • 13.2 Our failure to enforce any of these Terms shall not be construed as a waiver of any of our rights.
  • 13.3 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.
  • 13.4 If you have any questions or concerns, you may contact us at through the form at https://workinaus.com.au/contact.
14. Definitions
  • (a) Account Information means all information required for you to register for an account on the Platform, which will depend on whether or not you are registering as an Employer, but which at a minimum will include your name and email address.
  • (b) 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.
  • (c) Employer means the entity responsible for uploading a Listing in respect of a job opportunity. Material.
  • (d) 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.
  • (e) Listing means a job listing, and all User Content submitted by an Employer in respect of that job listing.
  • (f) Listing Terms means the terms under which an Employer may use the Platform to submit Listings and review applications, as amended from time to time.
  • (g) 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.
  • (h) Terms means these terms of use of the Platform.
  • (i) Third Party Content has the meaning given it in clause 8.1 .
  • (j) User Content means content that you provide to us through the Platform, including content in respect of a Listing and any Ratings or Reviews, but excludes Account Information.
  • (k) workinAUS, we, us, our means Philled Pty Ltd (ABN 44 656 428 483).

These Terms were last updated in March 2023.