Terms of Use — Job Seekers

URBAN AMIGO ACN 162 590 365
USER TERMS OF USE
Effective: 01 October 2018

INTRODUCTION

Welcome to Urban Amigo, our service is conducted online at www.urbanamigo.com and through our associated mobile application ( Platform). The mobile application is downloadable on both the Apple App Store and Google Play Store and is currently only optimised for Job Seekers. 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 users (defined as “ Users”, “ 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 and 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.

OPERATIVE CLAUSES

1. Definitions

Account means an account associated with a User who uses or has used the Platform.

Application Video means a promotional video uploaded to the Platform by a Job Seeker in response to a Job Advertisement Video.

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.

Employer means an entity using the Platform that is seeking to:

  1. hire an individual as an employee to be employed directly; or
  2. 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.

2. Interpretation

2.1 Interpretation

In these Terms, unless the context otherwise requires:

  1. an obligation on you in these Terms becomes operative as from the date that you access the Platform;
  2. a reference to these Terms includes any hyperlinks, variations, amendments to or extensions of these Terms;
  3. 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;
  4. headings appear for convenience only and do not form part of these Terms;
  5. a reference to:
    1. the singular includes the plural and vice versa;
    2. any gender includes all other genders;
    3. an entity includes an individual, a body corporate and a government;
    4. any other agreement or instrument where amended or replaced means that agreement or instrument as amended or replaced;
    5. “including” in these Terms means “including without limitation”;
    6. any thing or amount is a reference to the whole and/or each part of it;
    7. “$” or “dollars” is a reference to the lawful currency of Australia;
    8. a day means a period of time commencing at midnight and ending 24 hours later;
    9. a week means a 7 day period commencing on Monday and concluding on the following Sunday (inclusive);
    10. a month means a calendar month;
  6. a reference to a statute or statutory provision includes any statutory provision which:
    1. amends, extends, consolidates or replaces; or
    2. 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;
  7. examples contained in these Terms are descriptive only and are not intended to be exhaustive; and
  8. 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:

  1. 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
  2. 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.

3. Eligibility

  1. The Platform is not available to any persons under the minimum age of employment as that is defined in the jurisdiction that person resides or intends to seek employment or to any Users previously suspended or removed from the Platform by Urban Amigo.
  2. 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.
  3. By registering for, or otherwise using, the Platform, you represent that:
    1. you are above the minimum age of employment as that is defined in the jurisdiction that you reside or intend to seek employment;
    2. you have not been previously suspended or removed from the Platform by Urban Amigo;
    3. if you are under the age of 18 or the age of majority in your jurisdiction, you further represent that you are using the Platform under the supervision of a parent, legal guardian, or other responsible adult; and
    4. 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. Account

4.1 Registration information
  1. You acknowledge and agree that certain products and/or services offered on the Platform are only accessible by registered users. To become a registered user on the Platform, you must create an Account by providing all information requested by Urban Amigo including your name, date of birth, and email address.
  2. For each Account, you must provide a secure password and login name. 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.
  3. 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. Urban Amigo may request that you provide further information from time to time in order for Urban Amigo to verify that you are a genuine user.
4.2 Fair use
  1. By using the Platform, you agree that, in addition to exercising common sense:
    1. you will not create more than one Account for yourself;
    2. you will not create another Account if we have already disabled your Account, unless you have our written permission to do so;
    3. you will not share your password;
    4. you will not log in or attempt to access the Platform through unauthorised third-party applications or clients;
    5. any profile you create must describe you, an individual person; and
    6. you will only create an account to genuinely search and apply for employment opportunities.
  2. Urban Amigo reserves the right to remove your account from the Platform where we suspect that you have breached these Terms.

5. User Rights

Your only remedy with respect to any dissatisfaction with:

  1. the products and/or services offered on the Platform;
  2. these Terms;
  3. any policy or practice of Urban Amigo in operating the Platform; or
  4. 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
  1. 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.
  2. 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.
6.4 Termination
  1. 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.
  2. 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.
  3. Urban Amigo may in its absolute discretion refuse to publish, or may remove, any Application Video without giving any reason.

7. Use of the Platform

7.1 Application

In order to respond to a Job Advertisement Video, Job Seekers must download the Urban Amigo mobile application from either the Apple App Store or the Google Play Store.

7.2 Lawful use
  1. 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.
  2. 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.
7.3 Misuse and interference

You agree to not:

  1. attempt to gain unauthorised access to any part of the Platform;
  2. 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;
  3. disable any protection software associated with the Platform;
  4. send or store any Harmful Code when using the Platform;
  5. use any data mining, robots or similar data gathering or extraction methods on the Platform;
  6. reverse engineer or decompile any parts of the Platform;
  7. frame or link to any Urban Amigo content or information available on the Platform;
  8. misuse any content that appears on the Platform, in any way;
  9. use any feature of the Platform in a manner that we reasonably determine is inappropriate or not intended; or
  10. assign your rights or obligations under these Terms.
7.4 Prohibited information

You must not submit information to us on, from or through the Platform that:

  1. may disclose a person’s confidential information;
  2. may contravene your privacy obligations or any other person’s privacy obligations;
  3. is illegal or may constitute or encourage any contravention of any Applicable Laws by any person; or
  4. is otherwise, in our view, inappropriate.

8. Third Parties

We provide links on the Platform to other third party Platforms 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

9.1 Copyright
  1. All copyright in the materials found on the Platform (including text, graphics, logos, icons, sound recordings and software) is owned by us.
  2. 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:
    1. 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
    2. 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.
9.2 Trademarks

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:

  1. in, or as the whole or part of, your own trademarks;
  2. in connection with any business, products or services which are not ours;
  3. in a manner which may be confusing, misleading or deceptive to any person; or
  4. in a manner that disparages us, the third party owners of the trademarks or the Platform.
9.3 Intellectual Property rights

By posting User Content to any area of the Platform, you represent and warrant that:

  1. (a) your posting does not violate any other entity's Intellectual Property rights; and
  2. (b) you have the right to validly and irrevocably grant a license to Urban Amigo as set out in clause 12.2.
9.4 Termination

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.

10. Payment

Urban Amigo provides the Platform’s products and/or services to Users on a complimentary basis at no charge (Urban Amigo does charge its Employer customers).

11. Mobile Services

  1. If you use the Platform through a mobile device, you agree that information about your use of the Platform through your mobile device and carrier may be communicated to us, including your mobile carrier, and your mobile number.
  2. Without limitation to paragraph (a), you acknowledge that we may, at regular intervals, access your location information (including, without limitation, the geographic location of your mobile device) in order to provide you with relevant products and services offered on the Platform. You acknowledge that you may be unable to access any or certain products and services if you restrict our access to your location information.
  3. Use of the Platform through a mobile device may cause data to be displayed on and transmitted to your mobile device. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Platform through Your mobile access provider.

12. Information and Content

12.1 User Content
  1. Except for information that is Personal Information, all User Content stored on the Platform is owned by the User, and not Urban Amigo.
  2. You are solely responsible for all User Content that you upload on the Platform or transmit to Employers and other Users.
  3. You acknowledge, accept and consent that all Application Videos that you upload on 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.
  4. You may withdraw any Application Video that you upload on the Platform at any time.
12.2 Licence
  1. You acknowledge and agree that upon uploading any User 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 User Content anywhere, for any purpose and in any form, without any compensation to you.
  2. Urban Amigo will discontinue this licensed use within a commercially reasonable period after such User Content is removed from the Platform.
12.3 Employer Content

Employers are solely responsible for their postings on the Platform. Urban Amigo is not to be considered to be an employer with respect to your use of any aspect of the Platform.

12.4 Information generally
  1. 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.
  2. 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.
12.5 Backup

Urban Amigo encourages you to keep a back-up copy of any of your User content. In no event will Urban Amigo be liable for the deletion, loss, or unauthorised modification of any User Content

12.6 Acknowledgement
  1. Urban Amigo is only providing a platform for Employers and Job Seekers to communicate and does not screen or censor the listings or videos submitted by Users. Urban Amigo is not involved in the actual transaction between Employers and Job Seekers. As a result, Urban Amigo is not responsible for:
    1. Employer Content and User Content;
    2. the quality, safety or legality of the jobs or videos posted;
    3. the truth or accuracy of Job Advertisement Videos; or
    4. the ability of Employers to offer job opportunities to Job Seekers.
  2. 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.
  3. While Urban Amigo reserves the right in its absolute discretion to remove User Content, Employer 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. Privacy

13.1 Personal Information
  1. You acknowledge that the relevant Employer owns copyright in any Job Advertisement Video provided to you through the Platform.
  2. If you provide any information about yourself to Urban Amigo, whether through the Platform or directly to Urban Amigo (including via telephone or email), this information will be subject to Urban Amigo’s Privacy Policy, which is available here www.urbanamigo.com/legal/privacy-policy .
  3. You expressly authorise Urban Amigo to store and retain all User Content submitted in response to Job Advertisement Videos on the Platform rather than forwarding the User Content to an external source (such as, to an Employer by email or text message).
  4. By posting an Application Video in response to a Job Advertisement Video you irrevocably and unconditionally give Urban Amigo permission to disclose your mobile telephone number (gathered through the mobile application) to the Employer who posted the Job Advertisement Video.
13.2 Cookies

14. Indemnity

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:

  1. your access to, or use of, the Platform, information you submit to us or any linked Platform;
  2. any decision or action taken by you in reliance on any information or materials on the Platform and any linked website;
  3. any breach of these Terms by you;
  4. any wilful misconduct by you;
  5. any or other negligent act or omission by you; or
  6. 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. Disclaimer

15.1 No guarantees
  1. Urban Amigo gives no guarantee to you of the continued availability of any particular job advertised on the Platform and will not be liable to you should an Employer have filled the vacancy at any time prior to removal of the Job Advertisement Video from the Platform.
  2. Urban Amigo gives no guarantee to you that every Job Advertisement Video represents an actual job vacancy.
  3. Urban Amigo is not an employment agency.
  4. There are risks in dealing with strangers. You assume all risks associated with dealing with other Employers with whom you come in contact through the Urban Amigo. Urban Amigo does not guarantee that any Job Seeker will find a suitable employment on the Platform.
  5. 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 Job Advertisement Videos or any Employer. You acknowledge and agree that Urban Amigo is not liable for the truth or accuracy of the information provided in any content provided to you.
  6. 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
  1. Urban Amigo does not guarantee that you will find a suitable job on the Platform.
  2. 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.
  3. 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
  1. Urban Amigo makes no claims or representations that the Platform may be lawfully accessed and used outside of Australia.
  2. 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.
15.4 Acknowledgements
  1. 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.
  2. 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. User Warranties

You represent and warrant that at all times and at your own expense:

  1. you will comply with these Terms;
  2. all User Content uploaded onto the Platform does not infringe the Intellectual Property rights of others in any way;
  3. all User Content uploaded on the Platform will be free of Harmful Code;
  4. you will not use the Platform for any illegal purpose;
  5. you will comply with the Community Guidelines; and
  6. for so long as you have an Application Video on the Platform, you are compliant with all Applicable Laws.

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:

  1. any errors or omissions from the Platform and the content including any technical inaccuracies and typographical errors;
  2. any errors in or omissions from any third party Platforms or content that are directly or indirectly accessed through links on the Platform;
  3. 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;
  4. the unavailability of the Platform or any portion thereof;
  5. your access to or use of the Platform and any materials;
  6. your use of any equipment or software in connection with the Platform; or
  7. 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. General

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.

18.2 Waiver

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).

18.3 Severability

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.