Terms & Conditions

1 About the Website

  • 1.1 Thank you for visiting www.jobsoutsource.com.au (the "Website"), an online platform that:
    • (a) allows the posting of short term job offers (the "Jobs") between:
      • (i) individual, business and corporate users of the Website who need jobs completed (the "Job Posters"); and
      • (ii) individual, business and corporate users of the Website who want to work on the Jobs on a freelance basis for a fee agreed to between the parties (the "Workers");
    • (b) provides a variety of digital marketing packages to users of the Website to cater for their digital marketing needs (the "Packages"); and
    • (c) provides opportunity to the individual, business and corporate users of the Website who want to sign up Job Posters on the Website for a commission fee (the "Affiliates").
    • (collectively referred to as the "Services")
  • 1.2 The Website is operated by Jobs Outsource Pty Ltd (ACN 603 716 329) ("Jobs Outsource"). Access to and use of the Website, or any of its associated products or services, is provided by Jobs Outsource. Please read these terms and conditions (the "Terms") carefully. By using, browsing and/or signing up for use of the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
  • 1.3 Jobs Outsource reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Jobs Outsource updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2 Acceptance of the Terms

  • 2.1 You accept the Terms by registering for the Services, browsing the Website, or accepting the Terms by clicking to "accept" or "agree" to the Terms where and if this option is made available to you by Jobs Outsource in the user interface of the Website.

3 Account registration

  • 3.1 In order to access the Services, you are required to register for an account with Jobs Outsource (the "Account").
  • 3.2 In creating an Account, you may be provided with a variety of registration methods, which may include registration through the use of your Facebook or Google account (the "Third Party Registration"). You may also create the Account by registering manually through the Platform (the "Manual Registration").
  • 3.3 Where you create the Account by Third Party Registration, you acknowledge and agree that the Platform will utilise the personal information stored with third parties to verify your identity. You warrant that where you elect to register for an account by way of Third Party Registration, the information that you have previously provided to these third parties is accurate, correct and up to date and can be relied upon by Jobs Outsource.
  • 3.4 Where you create the Account by Manual Registration, as part of the registration process or as part of your continued provision of the Services, you will be required to provide personal information about yourself (such as identification, contact details, academic results, qualifications, interests and past work history). You will also be requested to provide Jobs Outsource with:
    • (a) an email address; and
    • (b) password.
  • 3.5 Once you have completed the registration process you will be a registered user of the Website (the "User") and agree to be bound by the Terms.
  • 3.6 You agree that any information you give to Jobs Outsource will always be accurate, correct and up to date. You must indemnity Jobs Outsource for any claim or loss that Jobs Outsource suffers as a result of any information that you provide to Jobs Outsource under the Terms.
  • 3.7 You understand that by supplying Jobs Outsource with your address, email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from Jobs Outsource in order to keep you informed about Jobs Outsource activities. If you do not wish to receive updates from Jobs Outsource, you may contact Jobs Outsource at https://www.jobsoutsource.com/support.
  • 3.8 You may not use the Services and may not accept the Terms if:
    • (a) you are not of legal age to form a binding contract with Jobs Outsource; or
    • (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4 Subscription Options

  • 4.1 Once you have registered as a User, you will also be given the opportunity to purchase a subscription through the Website (the "Subscription") through the payment of a monthly subscription fee (the "Subscription Fee").
  • 4.2 Jobs Outsource will provide a variety of Subscription options to you following your registration as a User. Each Subscription option will provide different benefits and will have a different Subscription Fee and in purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
  • 4.3 Both the Job Posters and the Workers acknowledge that while the purchase of a Subscription is not required to use the Services, it will affect the nature of the Services provided to you as a User, including but not limited to the Commission Fee (as set out in clause 7 and 8 of these Terms) paid to Jobs Outsource for their provision of the Services.

5 Account obligations

  • 5.1 As a User, you agree to comply with the following:
    • (a) not to share your profile with any other person;
    • (b) use the Services only for purposes that are permitted by:
    • (i) the Terms; and
    • (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    • (c) not contact any party through the Services for the sole purpose of circumventing or manipulating the fee structure, subscription arrangements, or billing system of Jobs Outsource;
    • (d) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
    • (e) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Jobs Outsource of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    • (f) you must not expressly or impliedly impersonate another User or use the profile or password of another User at any time;
    • (g) not to harass, impersonate, stalk, threaten another User of the Website;
    • (h) not to post false, inaccurate, misleading, defamatory or offensive content on the Website;
    • (i) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
    • (j) not to use the Services or the Website to post content or items in inappropriate categories or areas on the Website;
    • (k) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    • (l) you agree that you will not use the Service or the Website in such a way that you will expose them to viruses or other technologies that may harm Jobs Outsources;
    • (m) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Jobs Outsource for any illegal or unauthorised use of the Website; and
    • (n) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
  • 5.2 You agree that as the Account owner you are solely responsible for any activities or actions that occur through your Account, whether or not you have authorised such activities or actions. Jobs Outsource is in no way responsible or liable for any activities or actions that occur through your Account as a result of your breach of your Account obligations.

6 Using the Services as a Job Poster

  • 6.1 As a Job Poster, the Website provides you with the opportunity to:
    • (a) post and manage your Jobs (including identifying the time frames, duties, hours of work and opportunities presented to the Workers), view the profiles of Workers that may be suitable for the Jobs, and engage Workers to perform Jobs for you on an ad hoc basis for an agreed fee (the "Job Fee"); and
    • (b) view Packages with varying benefits and services and purchase the Packages that are suitable for you for an agreed monthly fee (the "Packages Fee").
  • 6.2 With respect to the Jobs, the Job Fee must be transferred, in full to Job Outsource prior to the Job being listed on the Website. With respect to the Packages, the Subscription Fee must be paid monthly in advance prior to you being able to access the benefits under the Packages.
  • 6.3 Where agreed to by the parties, the Job and Job Fee can be separated into stages for completion (the "Job Completion Stages") and released pursuant to the following confirmation process:
    • (a) on the proposed completion of the Job Completion Stage, the Worker can click the accept button on the Website to receive payment of the portion of the Job Fee allocated to that Job Completion Stage (the "Job Completion Stage Fee") (or, where applicable, for the whole Job Fee if there are no separate Job Completion Stages);
    • (b) Job Outsource will then automatically send a notice to the Job Poster advising that the Worker wishes to have the Job Fee or Job Completion Stage Fee released to them;
    • (c) the Job Poster can, where they agree that the Job or Job Completion Stage has been completed, click the release funds button to release the relevant payment to the Worker; and
    • (d) If the Job Poster does not mark the Job as "complete" but the work has been completed, the Worker can request for the funds to be released. The Job Poster must consent to or reject the release of the funds within 48 hours of the request being made. If the Job Poster does not respond to the request within the time specified in this clause, then the Job Poster will be deemed to have consented to the release of the funds.

7 Using the Services as a Worker

  • 7.1 As a Worker, the Website provides you with the opportunity to:
    • (a) review Jobs posted by Job Posters;
    • (b) express an interest in specific Jobs for which you would like to be engaged;
    • (c) interacting with the Job Posters; and
    • (d) arrange to perform the Job for the Job Fee.
  • 7.2 You acknowledge and agree that when reviewing the Jobs, interacting with the Job Poster, or completing the Job if engaged, or anytime thereafter; you will:
    • (a) comply with all laws and regulations which apply to the Job. This includes, but is not limited to:
    • (i) the Consumer Guarantees with respect to services, that being that the Job will completed with due care and skill; any work you provide will be fit for a particular purpose; and that the Job will be completed within a reasonable period of time if no time is set; and
    • (ii) you not misleading or deceiving the Job Posters regarding any facet of your experience or qualifications;
    • (b) comply with any licencing or permit requirements should you require a licence or permit to complete the Job;
    • (c) obtain professional indemnity insurance if the Job requires professional indemnity insurance;
    • (d) obtain public liability insurance if the Job is being held at a public location where no public liability insurance is held by the occupier;
    • (e) comply with all applicable tax, workplace and industrial relations laws to which you may be subject;
    • (f) provide the Job Poster with a copy of your professional liability or public liability insurance policy within seven (7) days upon request by Jobs Outsource or the Job Poster; and
    • (g) provide the Job Poster with evidence of your permit or licence number (if required by law) within seven (7) days upon request by the Job Poster.
  • 7.3 As a Worker, you acknowledge that you will be engaged by the Job Poster as an independent contractor and that you are solely responsible for taking this into consideration in respect to any tax or insurance obligations that you hold when engaging in the Services.

8 Payment

  • 8.1 By Jobs Outsource offering the Services to you, you agree that
    • (a) the Job Poster will pay Jobs Outsource a commission for the provision of the Services (the "Commission Fee"), which will be calculated subject to the Subscription purchased by the Job Poster (if any);
    • (b) The remaining Job Fee or Job Completion Stage Fee (the "Worker Payment"), will be held by Job Outsource pursuant to these terms and, where it is agreed that a Job or Job Completion Stage is completed, the Worker Payment will be transferred to the Worker minus any merchant banking service charges (the "Transaction Fee") incurred in the course of transferring the Worker Payment.
  • 8.2 All payments made in the course of your use of the Services are made using PayPal Australia Pty Limited (the "PayPal"). In using the Website, the Services or when making any payment in relation to same, you warrant that you have read, understood and agree to be bound by the terms and conditions that are available on their website.
  • 8.3 You agree and acknowledge that Jobs Outsource can vary the Subscription Fee at any time by amending the relevant sections of the Website. The varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

9 Non-Payment

  • 9.1 In the event you elect to pay the Subscription Fee by way of direct debit and/or credit card and there is a chargeback by your credit provider, Jobs Outsource may suspend or terminate the Services immediately. You will be charged the then current Jobs Outsource administration fee ("Administration Fee") and may also be charged interest in the amount of the Cash Rate Target set by the Reserve Bank of Australia (the "Interest") on amounts which remain unpaid after thirty (30) days from the date of the tax invoice. Upon payment of the Administration Fee, Interest and Fee in accordance with the Terms, Jobs Outsource will reinstate the Services to you.
  • 9.2 If you do not pay the Subscription Fee in accordance with the Terms, Jobs Outsource will issue an overdue payment notice and you will be liable to make the payment immediately. In the event the amounts remain unpaid after thirty (30) days from the date of the tax invoice, Jobs Outsource may proceed to recover the debt from you without further notice. If Jobs Outsource initiates debt recovery action against you, you acknowledge and agree that you will be and remain liable for all debt collection costs which includes any legal costs (on an indemnity basis), collection agency costs and any other expenses or disbursements, including but not limited to, Land and Property Information searches, Australian Securities and Investment Commission searches, process server fees, Expert Reports and court/tribunal fees. You will also be liable to pay the Interest and Administration Fee on the outstanding debt and Jobs Outsource may report the debt to a credit reporting agency.
  • 9.3 Jobs Outsource reserves the right to terminate or suspend your access to the Services in the event that you fail to pay any payment pursuant to the Services or any invoice sent by Jobs Outsource from time to time. Time is of the essence.

10 Refund Policy

  • 10.1 You acknowledge and agree that Job Outsource only facilitates the introductions between the Job Poster and the Worker and is not liable, in any capacity, for the actions of the Workers once engaged. You further acknowledge and agree that Job Outsource is entitled to the Commission Fee irrespective of whether or not the Worker completes the Job to a satisfactory standard, or at all, once engaged by the Job Poster.
  • 10.2 Notwithstanding clause 10.1 above, where a Job Poster requests a refund of a Job Completion Stage Fee for a Job Completion Stage that has yet to be accepted by a Job Poster, then Job Outsource may elect to release the remainder of the money held by Job Outsource for a Job subject to the parties complying with the Dispute Resolution Process set out in clause 23 and 24 below.
  • 10.3 If, for whatever reason, you are unsatisfied with the Services or believe you may be entitled to a refund with respect to the Commission Fee, then please contact Job Outsource outlining why you believe you are entitled to a refund of the Subscription Fee so we are able to determine if same should occur.
  • 10.4 Any refunds granted pursuant to this clause 10 will be at Job Outsource’s absolute discretion.

11 GST

  • Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with the Terms, are listed in Australian Dollars (AUD) and are GST exclusive. GST is only applicable to subscribers situated in Australia.

12 Identify Verification

  • 12.1 You acknowledge and agree that in light of the nature of the Services, Jobs Outsource may be required to verify your identity to ensure that you are not using the Services in an illegal or fraudulent manner.
  • 12.2 You warrant that where Jobs Outsource advises you in writing that they require further verification of your identity then you will make all reasonable endeavours to comply with this request within seven (7) days of receipt of same.
  • 12.3 You warrant that any information that you provide pursuant to this clause will be true and correct to the best of your knowledge and belief and failure to comply with this clause will warrant an immediate termination of the provision of the Services to you.

13 Engagement of the Worker as an Independent Contractor

  • 13.1 You acknowledge and agree that in using the Services as a Worker, you are not employed by the Job Poster or Job Outsource in any capacity and are not entitled to any rights as an employee in relation to same.
  • 13.2 You understand that, in performing the Job for the Job Poster you will be engaged solely as an Independent Contractor by the Job Poster and that this may, where applicable, carry with it certain obligations including but not limited to:
    • (a) obtaining an Australian Business Number or Australian Company Number;
    • (b) maintaining your own timesheets and records of work completed;
    • (c) providing and using your own tools;
    • (d) paying your own tax and superannuation payments; and
    • (e) paying for any professional indemnity or public liability insurances.
  • 13.3 You warrant that in using the Services, you have taken all reasonable steps to ensure that you are able to be engaged as an Independent Contractor by the Job Poster.

14 Obligations of the Worker as an Independent Contractor

  • 14.1 Non-Solicitation of Personnel
    • (a) During the course of the Job, the Worker will have access to commercially sensitive information and material of the Job Poster. The Worker will not during the period of the Job or after the Job during the Restraint Period, either directly or indirectly, without written consent from the Job Poster:
      • (i) Employ, canvas, solicit, entice or engage any of the Job Poster’s employees, servants, contractors, and/or agents ("Personnel"), to terminate their employment or contracted services with the Job Poster; and
      • (ii) Employ, engage, retain or source any of the Job Poster’s Personnel for any services that are of a competitive nature to the Job Poster’s business.
    • (b) For the purposes of this clause 14.1 the Restraint Period means 24 months, nonetheless:
    • (i) If the Courts determine that 24 months is unreasonable, the restraint will last for a period of 18 months; or
      • (ii) If the Courts determine that 18 months is unreasonable, the restraint will last for a period of 12 months; or
      • (iii) If the Courts determine that 12 months is unreasonable, the restraint will last for a period of 6 months.
    • (c) The Worker agrees that the restraints contained in this clause are reasonably necessary to protect the Job Poster’s business interests and the Worker acknowledges that this clause is fair and reasonable under the circumstances.
  • 14.2 Non-Solicitation of Clients
    • (a) During the course of the Job, the Worker may have contact with, and access to, clients, prospective clients, client records and details of the Job Poster’s marketing efforts, strategies and plans that includes commercially sensitive information and material. The Worker will not during the period of the Job or after the Job during the Restraint Period, either directly or indirectly, without written consent from the Job Poster:
      • (i) Canvas, solicit, entice or engage any of the Job Poster’s clients, or prospective clients who the Job Poster has attempted to retain or in the process of engaging (the "Clients"); and
      • (ii) Directly or indirectly interfere with or engage, procure, endeavour to entice away, aid, abet or counsel any of the Clients for any services which are of a competitive nature to the Job Poster’s business.
    • (b) For the purposes of this clause 14.2 the Restraint Period means 24 months, nonetheless:
      • (i) If the Courts determine that 24 months is unreasonable, the restraint will last for a period of 18 months; or
      • (ii) If the Courts determine that 18 months is unreasonable, the restraint will last for a period of 12 months; or
      • (iii) If the Courts determine that 12 months is unreasonable, the restraint will last for a period of 6 months.
    • (c) The Worker agrees that the restraints contained in this clause are reasonably necessary to protect the Job Poster’s business interests and the Worker acknowledges that this clause is fair and reasonable under the circumstances.
  • 14.3 Confidential Information
    • (a) By accepting these Terms, and arranging to perform a Job for the Job Poster through the Services, the Worker acknowledges and agrees that they will not, during the course of the Job or thereafter, except with the consent of the Job Poster, as required by law or in the performance of their duties, use or disclose confidential information relating to the business of the Job Poster, including but not limited client lists, trade secrets, client and supplier details, pricing structures, the Job Poster’s financial information or results, any information with respect to the Job Poster’s plans, strategies and forecasts and all documents created by the Worker during the course of the Job (the "Confidential Information").
    • (b) The Confidential Information remains the sole property of the Job Poster. The Job shall not either during or after the Job, without the prior consent of the Job Poster, directly or indirectly divulge to any person or use the Confidential Information for his or her own or another’s benefit.
  • 14.4 Intellectual Property
    • (a) In engaging with a Job Poster to perform the Job, the Worker may create or have access to Intellectual Property Rights in relation to the work performed as part of the Job. For the avoidance of doubt, Intellectual Property Rights means all past, present and future rights in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights, whether created directly or indirectly during the performance of the Job (the "Intellectual Property Rights").
    • (b) The Worker recognises that all Intellectual Property Rights are the property of the Job Poster and the Worker agrees to take all such steps as practicable to ensure that the Intellectual Property Rights will vest in, and remain vested, in the Job Poster during and after the course of the Job with the Job Poster.
    • (c) The Worker assigns to the Job Poster all and any Intellectual Property Rights created, written, developed or otherwise brought into existence by the Worker during the course of the Job or whilst using the Job Poster’s facilities, or otherwise.
    • (d) The Worker warrants that the Job Poster’s owns the Intellectual Property created by the Worker in the course of the Job and hereby expressly authorises the Job Poster to use all or any such work and the Worker agrees that it does not have any right or interest in respect of any Intellectual Property currently being used or capable of being used in the Job Poster’s business.
    • (e) The Worker hereby indemnifies and agrees to keep indemnified the Job Poster against all liability, losses or expenses incurred by the Job Poster in relation to or in any way directly or indirectly connected with any breach of the Job.
    • (f) The Worker agrees to sign all documents and take all necessary steps to assign the Intellectual Property Rights to the Job Poster when requested to do so by the Job Poster.
  • 14.5 Moral Rights
    • (a) To the extent that the Worker has Moral Rights in the Intellectual Property, the Worker gives Moral Rights Consent. For the purposes of the Job, "Moral Rights" means any moral rights including the rights described in Article 6 of the Berne Convention for protection of Literary and Artistic Works 1886 (as amended and revised from time to time) being "droit moral" or other analogous rights arising under any statute (including the Copyright Act 1968 (Cth) or any law of the Commonwealth of Australia), that exist or that may come to exist, anywhere in the world. A "Moral Rights Consent" means a waiver of Moral Rights to the extent permitted by law and an unconditional consent to any act or omission in relation to the Intellectual Property Rights by or on behalf of the Job Poster, its Personnel or any licensee or subsequent owner of copyright in the Material.

15 Obligations of Job Posters

  • 15.1 Non-Solicitation of Workers
    • (a) Where a Job Poster circumvent the Website after discovering a Worker through the Website and subsequently hires that Worker without going through the Website, the Job Poster will be liable to Jobs Outsource for a success fee equal to 25% of the amount paid to the Worker by the Job Poster (including GST and disbursements) over the 12-month period commencing on the date the Worker begins its Services to the Job Poster (the "Success Fee").
    • (b) Where a Job Poster has engaged a Worker via the Website, the Job Poster and/or its employees, agents, representatives, related entities or associated entity (as defined in the Corporations Act 2001) will not, during the period of the Job Poster’s registration with Jobs Outsource and during the subsequent 12 months after first being introduced to the Worker by Jobs Outsource, either directly or indirectly, without written consent from Jobs Outsource, employ, solicit, or engage or attempt to engage with that Worker for performance of services, other than via the Website. If the Job Poster contravene this clause, the Job Poster will be liable to Jobs Outsource for an introduction fee equivalent to 20% of the services rendered, (including GST and disbursements), or 20% of the services which are anticipated to be rendered by the Worker during the following 12 months (the "Introduction Fee").
    • (c) For the avoidance of doubt, a Job Poster must use the Website and/or Services as his/her/its exclusive method to engage a Worker unless Jobs Outsource agrees otherwise in writing. Under no circumstances will Jobs Outsource grant the Job Posters the right to employ, solicit or engage the Worker without Jobs Outsource receiving the Success Fee or Introduction Fee.
    • (d) Where Jobs Outsource agrees to release the Job Poster from this clause for consideration of the Success Fee or Introduction Fee, the Job Poster is required to pay Jobs Outsource the Success Fee or Introduction Fee in advance prior to the Worker performing services for the Job Poster. This amount shall be due and payable no later than 30 days after the start date of the engagement.
    • (e) In the event of a Success Fee or Introduction Fee dispute and if the Job Poster can establish that the Job Poster had an Active Process (as defined in clause 14.1(f)) with the Worker before using the Website and/or Services, the Job Poster may be exempted from paying the Success Fee or Introduction Fee. However, the final determination as to whether a Success Fee or Introduction Fee is owed by the Job Poster will be at the sole discretion of Jobs Outsource.
    • (f) Active Process means continuous direct, interactive communication, where a decision to put a customer or supplier on hold or reject has not been made, within the three (3) months prior to using the Website and/or Services.
    • (g) If the Job Posters do not agree with any of these provisions, please terminate your account immediately and cease usage of the Website and Services. The Job Poster’s obligation to pay any Success Fee and/or Introduction shall survive any termination or modification of the Terms.
  • 15.2 Confidential Information
    • (a) In this clause, "Confidential Information" means any documents or information created, received or obtained by the Job Poster from the Worker or any other party in respect of any consultation. In relation to Jobs Outsource, it also includes all non-public information pertaining to Jobs Outsource's business (including, without limitation, our pricing information, the identity or participation of specific Job Posters or Workers, and any content marked confidential) is Confidential Information.
    • (b) By accepting the Terms, the Job Posters acknowledge and agree that they will not, during the engagement or thereafter, use, disclose, solicit, or misappropriate any Confidential Information, trade secrets, or other proprietary information that belongs to any third-party, except with the prior written consent of that party or as required by law.

16 Rating and Review of Workers

  • 16.1 As part of the Services, the Website provides Job Posters with the opportunity to rate and review the Workers. The ratings and reviews will be listed on the respective Worker profile.
  • 16.2 The Job Posters may rate the Worker out of five stars. The rating for a Worker will then be calculated as an aggregate of all ratings provided by the Job Posters (the "Rating System").
  • 16.3 Jobs Outsource only facilitates the Rating System and is not responsible for any rating and/or review listed on your profile. If you have a complaint in relation to a rating and/or review made by a Job Poster, you must contact us at https://www.jobsoutsource.com/support and identify which rating and/or review you wish to make a complaint about and provide Jobs Outsource with evidence why you believe that the rating and/or review is untrue or should be changed, altered or removed. Upon receipt of the complaint from you, Jobs Outsource may, at is absolute discretion, change, alter or remove the rating and/or review. However, if Jobs Outsource does not change, alter or remove the rating and/or review as requested by you, under no circumstances will Jobs Outsource be deemed to have published the rating and/or review and you acknowledge that the rating and/or review is User Content as defined in clause 17.2 and Jobs Outsource’s liability is limited in accordance with clause 20 of the Terms.
  • 16.4 Rating and Review of Job Posters and/or Workers do not constitute a guarantee, warranty, or prediction regarding the performance or competency of the Job Posters and/or Workers.
  • 16.5 Jobs Outsource will have no responsibility or liability of any kind for any content you encounter on or through the Website, and any use or reliance on the content is solely at your own risk.

17 Website Content

  • 17.1 Jobs Outsource Content
    • You may read and copy the information on Jobs Outsource for your own needs but you may not publish, resell or sub-licence it. Jobs Outsource makes no guarantees, representations or warranties about the accuracy or legal correctness of any of the information on Jobs Outsource.
  • 17.2 User Content
    • (a) In this clause, "User Content" means any and all information and content that an Affiliate, Job Poster, Worker or visitor of the Website, submits to or uses with the Website.
    • (b) Jobs Outsource does not claim ownership of your User Content. Jobs Outsource makes no guarantees about the User Content and Jobs Outsource does not endorse or accept any responsibility for the User Content.
    • (c) You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy or completeness.
    • (d) You represent and warrant that your User Content does not violate any third party licenses.
    • (e) By posting a content onto the Website, you expressly grant to Jobs Outsource and its successors an irrevocable, non-exclusive, transferrable, sub-licensable, perpetual, royalty-free, worldwide license to broadcast, republish, up-load to a third party, transmit, post, distribute, publicly display, and otherwise use and exploit your de-identifiable User Content. This license does not grant Jobs Outsource the right to on-sell User Content. You hereby irrevocably waive any claims and assertions of moral rights with respect to your User Content.
    • (f) Jobs Outsource reserves the right to review, remove or amend any User Content, but Jobs Outsource does not have the legal obligation to do so.
    • (g) Information on the Website is no substitute for professional legal advice. You should not delay or forgo seeking legal advice or disregard professional advice based on information provided by the Website.
  • 17.3 Third Party Website
    • (a) Jobs Outsource works with a number of partners and affiliates whose websites are linked with Jobs Outsource and are controlled by parties other than Jobs Outsource (each a "Third Party Website").
    • (b) Jobs Outsource is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Website or any changes or updates to such sites. Jobs Outsource makes no guarantees about the content or quality of the products or services provided by such sites. If you have purchased a package that includes any Third Party Services, the third party may contact you by email and/or phone with instructions on how to access your benefits and to keep you informed of their services. You may be required to accept additional terms located on the Third Party Website.
    • (c) Certain services made available on the Jobs Outsource Website are delivered by third parties. By using any product, service, or functionality originating from the Jobs Outsource Website, you are allowing Jobs Outsource to share information with any third party with whom Jobs Outsource has a pertinent contractual relationship – any information necessary to facilitate its provisions of products, services, or functionality to you.

18 Copyright and Intellectual Property

  • 18.1 The Website, the Services and all of the related products of Jobs Outsource are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) (the "Content") are owned or controlled for these purposes, and are reserved by Jobs Outsource or its contributors.
  • 18.2 Jobs Outsource retains all rights, title and interest (including copyrights, patents and trade marks) in and to the Website, Services, products and all related content therein. Unless otherwise indicated, the Terms do not transfer to you any Jobs Outsource or third party’s right, title, and interest in copyrights, patents and trade marks.
  • 18.3 You may not, without the prior written permission of Jobs Outsource and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
  • 18.4 You acknowledge and agree that Jobs Outsource may use your logo, branding or other trademarks (the "Trademarks") for Jobs Outsource’s marketing efforts. You grant to Jobs Outsource a non-exclusive, non-transferable, royalty free right to use the Trademarks. If you do not wish that your Trademarks be used, you may request for a removal of your Trademarks from Jobs Outsource’s marketing materials by contacting Jobs Outsource at https://www.jobsoutsource.com/support. Upon receipt of the request, Jobs Outsource will use reasonable endeavours to remove the Trademarks from any future marketing material which is published 30 days from the date of the request.

19 General Disclaimer

  • 19.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    • (a) If you are not a Consumer (under the Australian Consumer Law), you agree that Jobs Outsource has no direct or indirect liability (including in negligence) to you in any way related to your use of Jobs Outsource.
    • (b) If you are a Consumer (under the Australian Consumer Law), Jobs Outsource limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law.
    • (c) Where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, Jobs Outsource’s liability to you is limited at its option to:
      • (i) in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and
      • (ii) in the case of services, resupply of the services or payment of the cost of re-supplying the services.
  • 19.2 Subject to this clause 19, and to the extent permitted by law:
    • (a) we exclude all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
    • (b) we will not be liable for any liabilities, claims, costs and expenses (including legal costs), damage or injury or any special, direct, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or the Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  • 19.3 Use of the Website and the Services is at your own risk. Everything in relation to the Website and the Services are provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Jobs Outsource make any express or implied representation or warranty about its Content or any products or Services (including the products or services of Jobs Outsource) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    • (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    • (b) the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);
    • (c) costs incurred as a result of you using the Website, the Services or any of the products of Jobs Outsource;
    • (d) the Content or operation in respect to links which are provided for your convenience; or
    • (e) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

20 Limitation of liability

  • 20.1 Jobs Outsource’s total liability arising out of or in connection with the Services or the Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
  • 20.2 You expressly understand and agree that Jobs Outsource, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  • 20.3 Jobs Outsource is not responsible or liable in any manner for any content posted on the Website or in connection with the Services, whether posted by Jobs Outsource or by Workers or by any other third parties.
  • 20.4 Jobs Outsource does not control and is not responsible for the behaviours and actions of its Users, Job Posters, their comments, posts or information that they upload. Accordingly, Jobs Outsource is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter on the Website or in connection with your use of the Services.

21 Indemnity

  • 21.1 You agree to indemnify Jobs Outsource, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    • (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Content;
    • (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
    • (c) any breach of the Terms.
  • 21.2 This indemnity will survive termination of the Terms.

22 Termination of Services

  • 22.1 The Terms will continue to apply until terminated by either you or by Jobs Outsource as set out below.
  • 22.2 If you want to terminate the Terms, you may do so by giving at least thirty (30) days’ written notice to Jobs Outsource at support@jobsoutsource.com.
  • 22.3 Jobs Outsource may at any time, terminate the Terms with you if:
    • (a) you have breached any provision of the Terms or intend to breach any provision;
    • (b) Jobs Outsource is required to do so by law;
    • (c) the partner, if any, with whom Jobs Outsource offered the Services to you has terminated its relationship with Jobs Outsource or ceased to offer the Services to you;
    • (d) Jobs Outsource is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or
    • (e) the provision of the Services to you by Jobs Outsource is, in the opinion of Jobs Outsource, no longer commercially viable.
  • 22.4 Subject to local applicable laws, Jobs Outsource reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Jobs Outsource’s name or reputation or violates the rights of those of another party.
  • 22.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Jobs Outsource have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

23 Dispute Resolution for dispute occurring within Australia

  • 23.1 Compulsory Mediation
    • (a) If a dispute arises out of or relates to the Terms, the Services, the Website or any Job then no party may commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    • (b) Where the Dispute arises between the Job Poster and the Worker, then the parties warrant that they will include Jobs Outsource in any correspondence between the parties to ensure that Jobs Outsource can:
      • (i) assist with the Dispute Resolution Process where possible;
      • (ii) hold any payments subject to the Dispute until such time that the Dispute is resolved; and
      • (iii) make an assessment whether they should terminate the Services to either of the parties to the Dispute.
  • 23.2 Notice
    • A party claiming a dispute ("Dispute") must, within thirty (30) days of becoming aware of the Dispute, complete the Dispute Resolution Policy and Complaint Form (the "Notice") detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute and serve it on the other party. A copy of the Dispute Resolution Policy and Complaint Form is available for download at www.jobsoutsource.com.au/support.
  • 23.3 Response
    • Within fourteen (14) days of receipt of the Notice, the other party must complete a Response Form and serve it on the other party detailing their response to the Dispute and serve it on the other party. A copy of the Response Form is available for download at www.jobsoutsource.com.au/support.
  • 23.4 Resolution
    • On receipt of the Response by that other party, the parties to the Dispute (the "Parties") must:
    • (a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
    • (b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties acknowledge and agree that Jobs Outsource may refer the Dispute to a mediator or request that an appropriate mediator be appointed by the President of the Law Society of South Australia or his or her nominee.
    • (c) The mediation will be held in Adelaide, Australia.
  • 23.5 Confidential
    • All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
  • 23.6 Termination of Mediation
    • If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

24 Dispute Resolution for dispute occurring outside Australia

  • 24.1 Compulsory Mediation and Arbitration
  • (a) If a dispute arises out of or relates to the Terms outside of Australia, unless the parties has complied with clause 24, either party may not commence any arbitration or Court proceedings in relation to the dispute (except where urgent interlocutory relief is sought).
    • (b) Where the Dispute arises between the Job Poster and the Worker, then the parties warrant that they will include Jobs Outsource in any correspondence between the parties to ensure that Jobs Outsource can:
      • (i) assist with the Dispute Resolution Process where possible;
      • (ii) hold any payments subject to the Dispute until such time that the Dispute is resolved; and
      • (iii) make an assessment whether they should terminate the Services to either of the parties to the Dispute.
  • 24.2 Notice
    • A party to the Terms claiming a dispute ("Dispute") has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  • 24.3 Mediation
    • On receipt of that notice ("Notice") by that other party, the parties to the Terms ("Parties") must:
    • (a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
    • (b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of South Australia or his or her nominee.
    • (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
    • (d) The mediation will be held in Adelaide, Australia.
  • 24.4 Arbitration
    • In the event that the Dispute is not resolved at the conclusion of the mediation, both parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim arising out of, relating to or in connection with the Terms and Conditions, including any question regarding its existence, validity or termination, will be resolved by arbitration in accordance with the ICC Rules of Arbitration (or any rules which supersede these rules). The seat of arbitration shall be Adelaide, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. This clause may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
  • 24.5 Confidential
    • All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

25 Venue and Jurisdiction

  • The Services offered by Jobs Outsource are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.

26 Governing Law

  • The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

27 Notice

  • 27.1 Jobs Outsource may provide any notice to you under the Terms by sending a message to the email address then associated with your account. The notice provided by Jobs Outsource to you by email shall be deemed to have been properly given on the date Jobs Outsource sends the email, regardless of whether you have received the email.
  • 27.2 Unless specified otherwise, any notices provided by you to Jobs Outsource must be in writing and be delivered either in person, or via registered post to 193 Portrush Road Maylands, South Australia, 5069. Notices provided by registered post shall be deemed to have properly given three days after they are posted (if posted).

28 Severance

  • If any part of the Terms is found to be void or unenforceable, that part shall be severed and the rest of the Terms shall remain in force.

29 Waiver

  • 29.1 A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.
  • 29.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
  • 29.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.

30 Assignment

  • 30.1 Jobs Outsource may assign or transfer its rights or obligations under the Terms without your consent.
  • 30.2 You may not assign or transfer your rights or obligations under the Terms without prior written consent of Jobs Outsource. A purported assignment without written consent will be deemed to be void and convey no rights.

These Terms have been prepared by MurdockCheng Legal Practice on behalf of Jobs Outsource.