URBAN AMIGO ACN 162 590 365
Effective: 01 October 2018
Welcome to, www.urbanamigo.com ( Platform). The Platform is owned and operated by Urban Amigo Pty Ltd ACN 162 590 365 (defined as “ Urban Amigo”, “ we”, “ our” and “ us”).
These terms and conditions of use ( Terms) apply to all employers (defined as “ Employer”, “ you” and “ your”) who view, have access to, and use the Platform and the products and/or services available through the Platform. Please read the Terms contained in this document carefully. By registering for, accessing, browsing or otherwise using any part of the Platform you acknowledge that you have read, understood and agree to be bound by these Terms and consent to Urban Amigo collecting, using and disclosing your personal information in accordance with these Terms. If you do not agree with any part of these Terms, you should immediately discontinue the use of the Platform.
- 1. Definitions
Account means an account associated with an Employer who uses or has used the Platform.
Advertisement Fee means the fee payable for posting a Job Advertisement Video on the Platform as amended by Urban Amigo from time to time.
Applicable Laws means any and all statutes, regulations, by-laws, ordinances or subordinate legislation, rules or government orders in force from time to time which pertains to your use of, and access to, the Platform in Australia and including those relating to labour and employment such as equal employment opportunity and anti-discrimination, consumer laws, Intellectual Property, privacy such as data collection, access and use, and confidentiality.
Application Video means a promotional video uploaded to the Platform by a Job Seeker in response to a Job Advertisement Video.
Employer means an entity using the Platform that is seeking to:
- hire an individual as an employee to be employed directly; or
- engage an independent contractor to be engaged by it directly.
Employer Content means all information including, Job Advertisement Videos, profile information, content (including works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information uploaded to the Platform by an Employer.
Harmful Code means any computer virus, trojan, worm, other malicious computer code or other forms of interference that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.
Intellectual Property means any current or future, registered or unregistered rights in any copyrights, patents, inventions, discoveries, trademarks, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world.
Job Advertisement Video means a promotional video posted on the Platform by an Employer for the purposes of receiving Application Videos from Job Seekers and/or independent contractors.
Job Seeker means a User of the Platform who is seeking to be employed as an employee or engaged as an independent contractor by an Employer.
Loss means any damage, loss, liability, cost, charge, expense, penalty, outgoing or payment (whether direct or indirect, consequential or incidental) of any kind (including liability to a third party).
Personal Information has the same meaning given to it as in the Privacy Act 1988 (Cth).
User Content means all information including job Application Videos, profile information, content (including works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information uploaded to the Platform by a Job Seeker.
In these Terms, unless the context otherwise requires:
- an obligation on you in these Terms becomes operative as from the date that you access the Platform;
- a reference to these Terms includes any hyperlinks, variations, amendments to or extensions of these Terms;
- any agreement, warranty, representation or obligation which binds or benefits two or more persons under these Terms, binds or benefits those persons jointly and severally;
- headings appear for convenience only and do not form part of these Terms;
a reference to:
- the singular includes the plural and vice versa;
- any gender includes all other genders;
- an entity includes an individual, a body corporate and a government;
- you is a reference to your employees, agents and contracts, as applicable;
- any other agreement or instrument where amended or replaced means that agreement or instrument as amended or replaced;
- “including” in these Terms means “including without limitation”;
- any thing or amount is a reference to the whole and/or each part of it;
- “$” or “dollars” is a reference to the lawful currency of Australia;
- a day means a period of time commencing at midnight and ending 24 hours later;
- a week means a 7 day period commencing on Monday and concluding on the following Sunday (inclusive);
- a month means a calendar month;
a reference to a statute or statutory provision includes any statutory provision which:
- amends, extends, consolidates or replaces; or
- has been amended, extended, consolidated or replaced by, that statute or statutory provision and any other orders, regulations, instruments or other subordinate legislation made under that statute or statutory provision;
- examples contained in these Terms are descriptive only and are not intended to be exhaustive; and
- where a period of time is specified and dates from a given day or the day of an act or event it must be calculated exclusive of that day.
2.2 Urban Amigo decisions
Despite any other provision in these Terms or any other agreement relating to Urban Amigo:
- any consent, approval, requirement, decision or the like referred to in or, contemplated under these Terms to be given, specified or made by Urban Amigo, may be given or withheld, specified or made by Urban Amigo, at its absolute discretion unconditionally or subject to any conditions, from time to time as Urban Amigo in its absolute discretion thinks fit and may be revoked by Urban Amigo, in its absolute discretion at any time; and
- any right which may be exercised by Urban Amigo under these Terms or any other agreement relating to Urban Amigo, may be exercised from time to time as Urban Amigo in its absolute discretion thinks fit,
and Urban Amigo is not obliged to give its reasons for doing so, subject always to Urban Amigo’s obligations under the law.
- The Platform is not available to any persons under the age of 18 or to any Employers previously suspended or removed from the Platform by Urban Amigo.
- If you are using the Platform on behalf of an entity, organisation, or company, you represent and warrant that you have the authority to bind such entity, organisation or company to these Terms and you agree to be bound by these Terms on behalf of such entity or organisation.
By registering for, or otherwise using, the Platform, you represent that:
- you are at least 18 years of age;
- you have not been previously suspended or removed from the Platform by Urban Amigo; and
- you have the legal capacity, power and authority to agree to be bound by these Terms and perform the obligations contained in these Terms.
4.1 Registration information
- To become a registered Employer, you must create an administrator Account by providing us with, your name, e-mail address, phone number and, if applicable, the details of the company you represent.
- To use the Platform, you will be required to login to your Account using the email address and a secured password nominated by you.
- You are entirely responsible to maintain the confidentiality of your password (or of any person using your email address and password) and you agree to accept responsibility for all activities that occur under your Account and password.
- You are entirely responsible for supervising, and setting authority limits for, the individuals accessing and using the Platform on your behalf.
- You may change your password at any time by following instructions on the Platform.
- You agree that the information you provide to Urban Amigo, whether on registration or at any other time, will be true, accurate, current, and complete.
4.2 Fair use
By using the Platform, you agree that, in addition to exercising common sense:
- you will not create more than one account for yourself;
- you will not create another account if we have already disabled your account, unless you have our written permission to do so;
- you will not share your password;
- you will not log in or attempt to access the Platform through unauthorised third-party applications or clients; and
- any profile you create must describe you, an individual person.
5. Employer Rights
Your only remedy with respect to any dissatisfaction with:
- (a) the products and/or services offered on the Platform;
- (b) these Terms;
- (c) any policy or practice of Urban Amigo in operating the Platform; or
- (d) any content or information transmitted through the Platform;
is to terminate these Terms and your Account. You may terminate these Terms at any time by deleting your login Account with the Platform and discontinuing use of any and all parts of the Platform.
6. Urban Amigo’s Rights
6.1 Platform modifications
We reserve the right to make any changes to the Platform as considered by us necessary or desirable, at any time, without notice. We will use all reasonable endeavours to give prior notice of such changes on the Platform but you acknowledge that prior notice may not be able to be given in respect of all changes (including any urgent necessary changes to remedy errors or defects on the Platform or for security reasons).
6.2 Amendment to Terms
We reserve the right to amend these Terms at any time. Any amendments will be effective immediately upon notification on the Platform. Your continued use of the Platform following such notification will represent an agreement by you to be bound by these Terms as amended.
6.3 Disable platform
- We reserve the right, at any time, to disable, close or render inaccessible the Platform for so long as we desire for any reason whatsoever, and without the need to provide any reasons.
- To the maximum extent permitted by law, we do not accept liability for any Loss which you may suffer or incur as a result of such actions.
- Urban Amigo may, in its absolute discretion, suspend or terminate your access to all or part of the Platform, including if we reasonably consider that you are in breach of any provision of these Terms, and without the need to provide reasons.
- You acknowledge that any suspension or termination of your access to the Platform may be carried out without prior notice, and you agree that Urban Amigo will not be liable to you or any third party for any such suspension or termination.
- Urban Amigo may in its absolute discretion refuse to publish, or may remove, any Job Advertisement Video without giving any reason.
7. Use of the Platform
7.1 Lawful use
- You must use the Platform for lawful purposes only and ensure that your access to, or use of, the Platform is not illegal or prohibited by law. It is your responsibility to obtain legal, financial, accounting and other professional advice in relation to compliance with all Applicable Laws in using the Platform. You agree at all times to deal with any information or material provided by us or accessed through the Platform in a manner which complies with all Applicable Laws.
- You are permitted to download content for personal use only, subject to the maintenance of the integrity of any copyright, trademark or other proprietary notices or material. You may not sell, redistribute or use the content of the Platform for any commercial purpose. We do not permit any copy, modification, alteration, distribution, sale, broadcast or transmission of any downloaded material.
7.2 Misuse and interference
You agree to not:
- attempt to gain unauthorised access to any part of the Platform;
- interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to the Platform or the integrity or performance of the Platform;
- disable any protection software associated with the Platform;
- send or store any Harmful Code when using the Platform;
- use any data mining, robots or similar data gathering or extraction methods on the Platform;
- reverse engineer or decompile any parts of the Platform;
- frame or link to any Urban Amigo content or information available on the Platform;
- misuse any content that appears on the Platform, in any way;
- use any feature of the Platform in a manner that we reasonably determine is inappropriate or not intended; or
- assign your rights or obligations under these Terms.
7.3 Prohibited information
You must not submit information to us on, from or through the Platform that:
- may disclose a person’s confidential information;
- may contravene your privacy obligations or any other person’s privacy obligations;
- is illegal or may constitute or encourage any contravention of any Applicable Laws by any person; or
- is otherwise, in our view, inappropriate.
8. Third Parties
We provide links on the Platform to other third party websites which are subject to their own terms and conditions of use and privacy policies and over which Urban Amigo has no control. Use of the links provided is entirely at your own risk and discretion. We do not endorse any information on those linked sites or any associated organisation, product or services.
9. Intellectual Property
- All copyright in the materials found on the Platform (including text, graphics, logos, icons, sound recordings and software) is owned by us.
Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised, and subject to the conditions prescribed under, the
Copyright Act 1968 (Cth) or except as expressly permitted by these Terms or the relevant copyright owner or licensor, you may not, in any form or by any means:
- copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or
- commercialise the whole or any part of the Materials, without our express written permission or, in the case of third party material, from the owner of the copyright in that material.
Trademarks used on the Platform are our trademarks (registered or unregistered) or trademarks of third parties. If you use any trademarks owned by us, in reference to us or the Platform, you must include a statement attributing that trademark to us. You must not use any of our trademarks or trademarks of third parties featured on the Platform:
- in, or as the whole or part of, your own trademarks;
- in connection with any business, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive to any person; or
- in a manner that disparages us, the third party owners of the trademarks or the Platform.
9.3 Intellectual Property rights
By posting Employer Content to any area of the Platform, you represent and warrant that:
- your posting does not violate any other entity's Intellectual Property rights; and
- you have the right to validly and irrevocably grant a license to Urban Amigo as set out in clause 12.2.
Urban Amigo reserves the right, in its absolute discretion, to take actions to limit access to the Platform and/or terminate the account of a User who infringes any Intellectual Property rights of others.
You agree to pay the Advertisement Fee to Urban Amigo as set out in these Terms.
- You will be required to provide your credit card details to Urban Amigo through Urban Amigo’s payment gateway when you post a Job Advertisement Video.
- The Advertisement Fee, if applicable, will be charged to your nominated credit card through Urban Amigo’s payment gateway.
- At the same time, Urban Amigo will issue an invoice for the Advertising Fee to you at your nominated email address.
- If you fail to pay any amount owing, Urban Amigo may disable your account without notice and refuse to supply further products and/or services to you.
All fees and payments are, unless otherwise stated, exclusive of GST (as defined under a New Tax System (Goods and Services Tax) Act 1999 (Cth)) (GST).
11.1 Personal information
- You acknowledge that the relevant Job Seeker owns copyright in any Application Video provided to you through the Platform.
- You must keep Application Videos confidential and only disclose Application Videos to persons within your business who have a need to know the personal details disclosed within the relevant video.
- You expressly authorise Urban Amigo to store and retain all User Content (including, without limitation, any Application Videos) submitted in response to Job Advertisement Videos on the Platform rather than forwarding the User Content to you (such as, by email or text message).
- You acknowledge that all information provided in respect of a Job Seeker is Personal Information and is confidentially provided to you for the sole purpose of enabling you to determine the suitability of a Job Seeker for employment or engagement.
- You must comply with the Privacy Act 1988 (Cth) with respect to the collection, use, disclosure, accuracy, security and openness of all Personal Information collected by you in connection with these Terms.
12. Information and Content
12.1 Employer Content
- Except for information that is Personal Information, all Employer Content stored on the Platform is owned by the Employer, and not Urban Amigo.
- You are solely responsible for all Employer Content that you upload on the Platform or transmit to Job Seekers and other Users.
- You acknowledge, accept and consent that all Job Advertisement Videos uploaded to the Platform will be stored for twelve months before being completely deleted and may be used by us for the defence of any potential or actual legal claims or for any other purposes as permitted by law.
- You acknowledge and agree that upon uploading any Employer Content on the Platform, you hereby unconditionally and irrevocably grant (or represent and warrant that the owner of such rights has expressly unconditionally and irrevocably granted) to us, a worldwide, royalty-free, perpetual and non-exclusive licence to use, reproduce, copy, adapt, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to the public or create derivative works of such Employer Content anywhere, for any purpose and in any form, without any compensation to you.
- Urban Amigo will discontinue this licensed use within a commercially reasonable period after such Employer Content is removed from the Platform.
12.3 Information generally
- Urban Amigo is only providing a platform for Employers and Job Seekers to communicate and does not represent or warrant that the information on the Platform is current, fit for the purpose for which the content is downloaded and does not infringe upon the rights of others.
- You are responsible for your use of any information or materials obtained from the Platform. You should make your own enquiries to check if the information on the Platform is accurate, complete and suitable for your intended use.
Urban Amigo encourages you to keep a back-up copy of any of your Employer Content. In no event will Urban Amigo be liable for the deletion, loss, or unauthorised modification of any Employer Content.
Urban Amigo is only providing a platform for Employers and Job Seekers to communicate. Urban Amigo is not involved in the actual transaction between Employers and Job Seekers. As a result, Urban Amigo is not responsible for:
- Employer Content and User Content;
- the quality, safety or legality of the jobs or videos posted;
- the truth or accuracy of Application Videos; or
- the ability of Job Seekers to fill job openings.
- Urban Amigo makes no representations in relation to any User Content, Employer Content or information available on or otherwise provided to you through the Platform.
- While Urban Amigo reserves the right in its absolute discretion to remove Employer Content, User Content, Profiles, or other material from the Platform from time to time, Urban Amigo does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
13. Job Postings
13.1 Job Postings
- Employers must ensure that the content of Job Advertisement Videos that they upload onto the Platform complies with Urban Amigos Community Guidelines and any other Applicable Laws.
- Employers are solely responsible for their Job Advertisement Videos on the Platform.
- Employers must ensure that each Job Advertisement Video that it uploads onto the Platform is uploaded into the appropriate job classification category.
- Urban Amigo may re-classify a Job Advertisement Video if it determines in its absolute discretion that the Job Advertisement Video has been incorrectly classified by the Employer.
- Employers must pay Urban Amigo an Advertisement Fee for each Job Advertisement Video that it uploads onto the Platform.
- If a Job Advertisement Video is re-uploaded to the Platform after having expired or been otherwise removed from the Platform, the Employer must pay Urban Amigo a new Advertisement Fee with respect to that Job Advertisement Video.
- Urban Amigo may request that you provide further information from time to time in order for Urban Amigo to verify that a genuine employment opportunity exists as advertised in a Job Advertisement Video.
13.2 One role per video
- Employers must only advertise one job in each Job Advertisement Video.
- If Urban Amigo determines in its absolute discretion that you have advertised multiple jobs in a single Job Advertisement Video, Urban Amigo may charge you an Advertisement Fee referable to the number of jobs advertised in that Job Advertisement Video.
13.3 Prohibited job postings
You must not use the Platform to:
- post jobs in a manner that does not comply with Applicable Laws;
- post Job Advertisement Videos that include any screening requirement or criterion in connection with a job where such requirement or criterion is not an actual and legal requirement of the posted job;
- post jobs that requires Australian citizenship or lawful permanent residence in Australia as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
- post Job Advertisement Videos or other advertisements for competitors of Urban Amigo or post jobs or other content that contains links to any Platform competitive with Urban Amigo;
- post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
- promote any opportunity that does not represent bona fide employment;
- advertise sexual services or seek employees for jobs of a sexual nature;
promote any other recruitment companies or their related employment platforms in a Job Advertisement Video, including through any:
- narrative embedded in a Job Advertisement Video; or
- any hyperlink, URL or email address.
except where allowed by Applicable Law, post Job Advertisement Videos which require the prospective employee to provide information relating to his/her
- race, colour, descent, national, social or ethnic origin and in some circumstances, immigrant status;
- physical features;
- physical, mental, intellectual, psychiatric, sensory, neurological or learning disability, physical disfigurement, disorder, illness or disease that affects thought processes, perception of reality, emotions or judgement, or results in disturbed behaviour, and presence in body of organisms causing or capable of causing disease or illness (e.g., HIV virus);
- sex, marital or relationship status, pregnancy or potential pregnancy, breastfeeding, parental status, family or carers responsibilities, sexual orientation, gender identity, and intersex status;
- religion, political opinion or belief;
- medical record;
- criminal record;
- employment activity, including trade union activity; and
- personal association with someone who has, or is assumed to have, any of these personal characteristics.
You agree to indemnify and keep indemnified, us, our officers, employees and agents (those indemnified) against all losses, damages, liabilities (including legal fees) and expenses arising out of:
- your access to, or use of, the Platform, information you submit to us or any linked site;
- any decision or action taken by you in reliance on any information or materials on the Platform and any linked website;
- any breach of these Terms by you;
- any wilful misconduct by you;
- any negligent or other act or omission by you; or
- action brought by any governmental, state, or local agencies or arising from any failure by you to comply with all Applicable Laws in relation to your use of the Platform.
15.1 No endorsements of Job Seekers
- Urban Amigo is not an employment agency. Urban Amigo does not make any representations as to the qualifications of any Job Seeker.
- Where Job Seeker successfully secures employment, Urban Amigo makes no guarantees or representations as to the satisfaction of the employment by the Job Seeker.
- There are risks in dealing with strangers. You assume all risks associated with dealing with Job Seekers with whom you come in contact through the Platform.
- Urban Amigo is only providing a platform for Employers and Job Seekers to communicate and makes no representations about any content made available on or otherwise provided to you through the Platform including in Application Videos from any Job Seeker. You acknowledge and agree that Urban Amigo is not liable for the truth or accuracy of the information in any content provided to you.
- Other people's information posted on the Platform may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using the Urban Amigo.
15.2 No guarantees
- Urban Amigo does not guarantee that you will find a suitable employee on the Platform.
- By accessing and using the Platform, you assume all risks associated with such access and use. The Platform is provided to you on an “as is,” “as available” and “with all faults” basis and without warranties or representations of any kind either express or implied.
- To the fullest extent permitted by law, we do not represent or warrant that the Platform or the products and/or services generally available through the Platform will be uninterrupted or error-free or defect-free or that errors or defects in the Platform will be corrected. We do not represent or warrant to you that any electronic files available through the Platform will be free of Harmful Code or that your use of the Platform will achieve any particular results.
15.3 Access outside Australia
- Urban Amigo makes no claims or representations that the Platform may be lawfully accessed and used outside of Australia.
- The use of the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside of Australia, you do so at your own risk and are responsible for compliance with the Applicable Laws.
- You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to, or alteration of, your transmissions of data or of information contained on your computer system or on the Platform. To the maximum extent permitted by law, we accept no liability for any Loss which you may suffer or incur as a result of such activity.
- Nothing in these Terms will impose a duty of care upon us in respect of your use of the Platform.
15.5 Products and/or services
Urban Amigo excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Platform whether based in statute, common law or otherwise to the extent permitted by law.
16. Employer Warranties
You represent and warrant that at all times and at your own expense:
- you and your officers, employees, contractors and agents will comply with these Terms;
- all Employer Content uploaded onto the Platform does not infringe the Intellectual Property rights of others in any way;
- all Employer Content uploaded on the Platform will be free of Harmful Code;
- you will not use the Platform for any illegal purpose;
- you will comply with the Community Guidelines; and
- for so long as you have a Job Advertisement Video on the Platform, you are compliant with all Applicable Laws relating to your operation as an Employer.
17. Limitation of Liability
17.1 Limitation of liability
To the maximum extent permitted by law, Urban Amigo its suppliers, licensors, affiliates, and partners do not accept any liability for, and you hereby release us from any claim in relation to, any Loss (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by you arising out of or in any way related to:
- any errors or omissions from the Platform and the content including any technical inaccuracies and typographical errors;
- any errors in or omissions from any third party Platforms or content that are directly or indirectly accessed through links on the Platform;
- any consequential damages including lost profits, loss of goodwill, loss of data, work stoppage, accuracy of information or computer failure or malfunction arising for access to the Platform or any linked third party website;
- the unavailability of the Platform or any portion thereof;
- your access to or use of the Platform and any materials;
- your use of any equipment or software in connection with the Platform; or
- any decision or action taken by you in reliance on any materials on the Platform or any linked website or platform.
The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded (including any guarantee under the Australian Consumer Law).
17.2 Limitation of damages
To the maximum extent permitted by law, Urban Amigo and/or its affiliates’, contractors’, employees’, agents’, or third-party partners’, licensors’, or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms or your use of the Platform or your interaction with other Users (whether in contract, tort including negligence, warranty, or otherwise), will not exceed the amount paid by you, if any, to Urban Amigo during the twelve months immediately preceding the date of the claim or one hundred dollars, whichever is greater.
18.1 Choice of law
The laws governing these Terms will be the laws in the State of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of that State.
Any waiver, in whole or part, of any rights available under these Terms is only valid if it is in writing and is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only).
If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms, in which case, the remainder of these Terms will continue in full force.
18.4 Entire agreement
These Terms constitute the entire agreement between you and Urban Amigo relating to the subject matter in these Terms and may not be modified except in writing, signed by both parties, or by a change to these Terms made by Urban Amigo as set out in clause 6.2.