MIJOBS PLATFORM TERMS AND CONDITIONS

These terms and conditions (Terms) apply to your use of the Mijobs Platform. By using the Mijobs Platform and connecting with other users, you agree to be bound by these Terms.

Mijobs may amend these Terms from time to time. If you have an Account with us we will notify you by email of the updated Terms. We will also publish the updated Terms on the Mijobs Platform. Use of the Mijobs Platform by you after an updated version of the Terms has been made available indicates your acceptance of the Terms.

Please refer to the Local Terms contained in the Schedule, that contain Terms specific to your country. Currently Mijobs is operating in Australia only.

1. DEFINITIONS

Account means an account created by a Poster or Tradesperson on the Mijobs Platform.

Agreed Price means price for Services (including any variation) agreed between the Poster and the Tradesperson under clause 2.5.

App means the Mijobs application for use on mobile devices.

Business Day has the meaning described in your Local Terms.

Commercial Partners means commercial service providers who wish to post Posted Jobs for the purpose of on selling the services set out in the Posted Jobs to third parties.

Force Majeure Event means anything affecting Mijobs that is outside of Mijob’s reasonable control, including but not limited to fire, storm or other extreme weather event, flood, earthquake, epidemic, war, invasion, terrorism, civil commotion, blockade or embargo, labour dispute, labour shortage, failure or delay in transportation or supply, or any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority.

Intellectual Property Rights mean all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know- how, confidential information, patents, invention and discoveries and all other intellectual property owned by Mijobs.

Intellectual Property Laws has the meaning described in your Local Terms.

Job Contract means a contract formed between the Poster and the Tradesperson.

Job Enquiry Fee has the meaning described in your Local Terms.

Local Terms means the terms for your country, as set out in the Schedule.

Mijobs, we, us means Mijobs Pty Ltd (ACN 641 509 453).

Mijobs Platform means the Website, the App, and any other affiliated platform that may be introduced by Mijobs.

Personal information has the meaning described in your Local Terms. Policies means the policies posted by Mijobs on the Mijobs Platform.

Poster means a user that posts a Posted Job on the Mijobs Platform in search of particular Services.

Posted Job means the Poster’s request for Services published on the Mijobs Platform and includes the description of the Services required and the required date for completion.

Services means the services to be rendered as described in the Posted Job, including any amendments or variations agreed before or subsequent to the creation of a Job Contract.

Third Party Products means products provided by a Third Party Product Provider.

Third Party Product Provider means a product provider that is not associated with Mijobs, that has entered into an agreement with Mijobs to provide Third Party Products via the Mijobs Platform.

Tradesperson means a user that provides a Service to the Poster.

You and your means any user of the Mijobs Platform, including but not limited to Posters, Tradespersons, Commercial Partners, Third Party Product Providers.

Website means the website with URL www.mijobs.com.au.

2. SCOPE OF SERVICES

2.1  The Mijobs service is to be a two-sided platform through which Posters can publish Posted Jobs and Tradespersons can make an offer in response to a Posted Job. Tradepersons may also advertise their services on the Mijobs Platform.

2.2  A Poster who has registered with the Mijobs Platform and created an Account may create a Posted Job. Segments of the Posted Job will be publicly available on the Mijobs Platform.

2.3  Tradespersons may review Posted Jobs, and if they have registered with the Mijobs Platform and created an Account, may access a Poster’s contact details (first and last name, phone number, email address and postcode) upon payment to Mijobs of the Job Enquiry Fee.

2.4  Once a Tradesperson has applied for a Posted Job, if requested by the Poster, the Tradesperson may be required to attend the Poster’s premises to provide a quote for the Posted Job. The Poster and the Tradesperson are solely responsible for arranging the Tradesperson’s attendance at the Poster’s premises.

2.5  If the Poster accepts a Tradesperson’s quote for the Posted Job (Agreed Price), the Tradesperson and the Poster will enter into a Job Contract for completion of the Posted Job (see clause 5 below).

2.6  A Posted Job will be removed from the Mijobs Platform on that date specified by the Poster as the required completion date or if no date is specified, 14 days after the date the Posted Job is posted on the Mijobs Platform.

3. REGISTRATION AND ACCOUNTS

3.1  Posters will be required to register and create an Account with Mijobs to post a Posted Job.

3.2  Tradespersons will be required to register and create an Account to apply for Posted Jobs and to advertise their services on the Mijobs Platform.

3.3  Registration requires you to provide certain registration information including your first and last name, phone number, email address, as well as Twitter, Facebook, WhatsApp and/or WeChat username) . You are required to keep this information up to date. If registration details are not kept up to date we reserve the right to cancel or suspend your Account. Your username, name or email address must not be (a) a duplicate Account (b) offensive, or obscene in any way, or (c) deliberately incorrect. You warrant that all information provided to us to establish your account is accurate and not misleading.

3.4  You acknowledge and agree that you are solely responsible for any activity and use of your Account and maintaining confidentiality of your password. You are only permitted to have a single active Account on the Mijobs Platform. You must notify Mijobs immediately if you suspect your Account has been misused or accessed by a third party.

4. QUALIFICATIONS OF TRADESPERSONS

4.1  In using the Mijobs Platform and applying for a Posted Job, Tradespersons represent and warrant to the Poster and Mijobs that they have the appropriate skills and qualifications to undertake the advertised services or Posted Job, and hold any licences, permits, registrations or equivalent required under any applicable law to undertake the Posted Job.

4.2  Mijobs reserves the right to request copies of a Tradeperson’s qualifications and suspend a Tradesperson’s Account, if for any reason, Mijobs believes on reasonable grounds that the Tradesperson’s qualification is inadequate or has been falsified or fabricated.

5. JOB CONTRACT

5.1  The Poster and the Tradesperson shall enter into a job contract when the Tradesperson makes an offer in response to a Posted Job to perform the Services and this is accepted by the Poster for the Agreed Price (Job Contract). Mijobs will not be a party to the Job Contract.

5.2  Prior to forming a Job Contract, the Poster can cancel or vary a Posted Job at any time.

5.3  The Agreed Price for a Job Contract must be paid by the Poster directly to the Tradesperson.

5.4  Mijobs accepts no responsibility for any aspect of the Poster and Tradesperson interaction, including but not limited to the description, performance or delivery of the Services or payment under a Job Contract.

5.5  To the extent permitted by the applicable law, the Mijobs Platform is provided on an “as is” basis without any express or implied warranty or condition, including but not limited to implied warranties of acceptable care and skill, fitness for purpose, merchantability and title.

6. CONDITIONS FOR POSTERS

6.1  By using the Mijobs Platform, a Poster acknowledges and agrees that:

(a) you will comply with these Terms and the Policies;
(b) you are 18 years of age or over;
(c) you are willing and able to produce a copy of your proof of identity (e.g. drivers license or passport) if requested by Mijobs;
(d) all information entered by you on the Mijobs Platform is correct, including your contact details and information provided when creating an Account in relation to Posted Jobs; and
(e) your contact information (first and last name, phone number, email address, and postcode) will be shared by Mijobs with a Tradesperson when the Posted Job has been accepted by a Tradesperson. You acknowledge and agree that your contact information may be shared with multiple Tradespersons who apply for the Posted Job.

6.2  If for any reason, Mijobs believes on reasonable grounds that a Poster has not complied with these Terms, Mijobs may remove a Posted Job.

7. CONDITIONS FOR TRADEPERSONS

7.1 By using the Mijobs Platform, a Tradesperson acknowledges and agrees that:

(a)  you will comply with these Terms and the Policies;

(b)  you are 18 years of age or over;

(c)  you are willing and able to produce a copy of your proof of identity (e.g. drivers licence or passport) if requested by Mijobs;

(d)  all information entered by you on the Mijobs Platform is correct, including your contact details and information provided when creating an Account and applying for Posted Jobs;

(e)  your contact information will be shared by Mijobs with a Poster or Commercial Partner (as applicable) when you apply for a Posted Job; and

(f)  if a Contract Job is subcontracted to a third party, you acknowledge and agree that it is your responsibility to ensure that the Job Contract is completed satisfactorily.

8. PAYMENT OF JOB ENQUIRY FEE

8.1  Payment by Tradespersons of the Job Enquiry Fee may be made via credit card or Paypal. No credit card or payment information is stored by Mijobs.

8.2  Payment of the Job Enquiry Fee is non-refundable.

8.3  Mijobs makes no representations or warranties that payment of the Job Enquiry Fee by a Tradesperson will result in a Job Contract.

8.4  The amount of the Job Enquiry Fee may be revised at Mijob’s discretion from time to time. If Mijobs varies the amount of the Job Enquiry Fee, the revised Job Enquiry Fee will be posted on the Mijobs Platform, and Tradespersons who hold Accounts will be notified in writing of the revised Job Enquiry Fee via email.

8.5  Mijobs reserves the right to change the Mijobs fee structure at any time by posting such changes on the Mijobs Platform and/ or advising Posters and Tradespersons who hold accounts via email.

9. USE OF THE MIJOBS PLATFORM

9.1  Use of the Mijobs Platform by you is at your own risk.

9.2  Mijobs will endeavour to ensure that all content provided on the Mijobs Platform is accurate and up to date. However, Mijobs does not warrant or represent that the material displayed on the Mijobs Platform is free from human or mechanical error, technical inaccuracies or other errors or defects.

9.3  You agree not to use the Mijobs Platform for any unlawful purpose. You acknowledge and agree that you are solely responsible for your Account and will not submit or allow any third party to submit any content that:

(a)  you know is false, misleading, inaccurate, or deceptive;

(b)  is unauthorised advertising or spam; or

(c)  is inappropriate or an invasion of another person’s privacy.

9.4  You agree that you will not (i) directly or indirectly contact or solicit any other individual or entity on or through the Mijobs Platform for any purpose other than to perform a transaction on the Mijobs Platform and in accordance with these Terms (ii) disclose private contact details or share third party links in any public areas of the Mijobs Platform (iii) create duplicate Accounts (v) access or use the Mijobs Platform with another user’s username, password or email (v) post any information to incite hatred or violence, discriminate, harass or troll (vi) collect or disseminate information about other users, or (viii) use the Mijobs Platform to market or solicit services which are unlawful.

9.5  Mijobs reserves the right to vary or modify the Mijobs Platform at any time without notice and to cancel or block a user’s Account.

10. COMMERCIAL PARTNERS

10.1  Mijobs may enter into agreements with Commercial Partners, who may post Posted Jobs on the Mijobs Platform for the purposes of on selling the services set out in the Posted Jobs to third parties.

10.2  Tradespersons agree that, if they accept a Posted Job posted by a Commercial Partner, their Services may be on sold to a third party for an increased fee.

10.3  Tradepersons acknowledge that a Commercial Partner may require them to enter into a separate agreement with the Commercial Partner in respect of a Posted Job. Mijobs will not be a party to this agreement.

11. THIRD PARTY PRODUCTS

11.1  Mijobs may list Third Party Products on the Mijobs Platform which may be of interest to Posters and Tradespersons. The Third Party Products are not provided by Mijobs and Mijobs makes no representation or warranty in relation to the Third Party Products.

11.2  If a Poster or Tradesperson wishes to acquire a Third Party Product, this will be acquired directly from the Third Party Product Provider and Mijobs will not be party to any agreement between the Poster and Third Party Product Provider.

12. INSURANCE

12.1  Tradespersons are responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to Posters or advertised on the Mijobs Platform.

12.2  In using the Mijobs Platform and applying for a Posted Job, Tradespersons represent and warrant to the Poster and Mijobs that they hold sufficient insurance to undertake the advertised services or Posted Job.

13. INTELLECTUAL PROPERTY

13.1  Mijobs reserves all rights of ownership in the contents of the Mijobs Platform and all services featured on the Mijobs Platform and is protected under Intellectual Property Laws. We own all right, title and interest in the Mijobs Platform and its content, including all Intellectual Property Rights.

13.2  You agree that you will not use, reproduce, modify, distribute, publish, store, transmit, commercially exploit, modify or create any derivative works from any content on the Mijobs Platform in whole or in part or permit or assist any other person to do so, save for as permitted by these Terms.

13.3  You must not:

(a)  modify or create derivative works based upon any part of the Mijobs Platform;

(b)  decompile, disassemble or reverse engineer any part of the Mijobs Platform;

(c)  defeat, disable or circumvent any protection or security mechanism related to the Mijobs Platform;

(d)  defame the Mijobs Platform or us; or

(e)  export, download, alter, manipulate otherwise use the content of the Mijobs Platform in any manner save for as permitted by these Terms.

14. LIMITATION OF LIABILITY

14.1  This clause is subject your Local Terms.

14.2  You acknowledge and agree that, to the extent permitted by the applicable law, Mijobs shall not be liable to you for any loss (whether direct, indirect, or consequential) which may be incurred by you in connection with:

(a)  your access to and use of the Mijobs Platform and/or if certain information on the Mijobs Platform is incorrect, incomplete or not up to date;

(b)  your failure to keep your password or Account details secure and confidential;

(c)  any unauthorised use or access to the Mijobs Platform, including but not limited to any hacking or security breach;

(d)  any changes to these Terms or any Policies;

(e)  any aspect of the Poster and Tradesperson interaction, including but not limited to the description, performance or delivery of a Posted Job or Job Contract;

(f)  subject to clause 12 (insurance), any damage, loss, injury or death to or of a person or property;

(g)  any defects or faults in the work or as a consequence of the Tradesperson undertaking a Job Contract; or

(h)  a Force Majeure Event.

14.3  Your use of the Mijobs Platform and services is solely at your own risk. To the extent permitted by the applicable law, Mijobs:

(a)  excludes all representations and warranties relating to the Mijobs Platform and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the Mijobs Platform and/or our literature and marketing materials; and

(b)  excludes damage or loss if the Mijobs Platform or service is not available at any particular time or location, is interrupted, crashes or generally unsecure.

14.4  By accepting these Terms you agree to indemnify Mijobs (and our employees, officers, directors and affiliates) from any claims, liabilities, obligations, losses, debts and expenses including legal fees (on an indemnity basis), arising from (a) your access, use or misuse of the Mijobs Platform by you or any third party using your Account (b) your infringement of these Terms or any Policies (c) your infringement of any Intellectual Property Rights of Mijobs or any third party (d) your infringement of any applicable law (e) any third party misuse of your Personal Information, including username and password, in accessing the Mijobs Platform.

14.5  You indemnify and hold Mijobs (and our officers, directors, agents, subsidiaries, partners, and employees) harmless from any claim or demand (including solicitor’s fees on an indemnity basis) made by any third party due to or arising out of your breach of these Terms or your violation of any applicable law to the rights of a third party.

15. DISPUTES

15.1  In the first instance, any Posters and Commercial Partners (as applicable), Tradespersons and/or Mijobs agree to attempt to resolve any dispute within 14 days of the dispute arising, by way of informal negotiation.

15.2  If the parties cannot resolve the dispute under clause 15.1, they agree to submit to mediation in accordance with their Local Terms.

16. MONITORING AND TERMINATION OF ACCOUNTS

16.1  We retain the right, but are not obliged, to monitor the Mijobs Platform.

16.2  We reserve the right to cancel a user’s Account for inappropriate behaviours, misuse of the Mijobs Platform, from actions that potentially cause damage to the Mijobs Platform, or non-adherence to these Terms or the Policies.

16.3  A user of the Mijobs Platform may terminate their Account at any time by sending an email to info@mijobs.com.au.

17. GOVERNING LAW

Please refer to your Local Terms.

18. GENERAL PROVSIONS

18.1  Unless the context requires otherwise, the singular includes the plural and the plural includes the singular in these Terms.

18.2  If a provision (or part of it) of these Terms is held to be unenforceable or invalid, then to the extent possible the provision will be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by the applicable law.

18.3  Nothing in these Terms shall confer on any third party any benefit or the right to enforce any provisions of these Terms.

 

SCHEDULE – LOCAL TERMS

AUSTRALIA

1. DEFINITIONS

Australian Consumer Law means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.

Business Day means a day that is not a Saturday, Sunday or a public holiday in Melbourne, Australia.

Consumer Rights means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to become void.

GST means the goods and services tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended or replaced from time to time.

Intellectual Property Laws means all laws relating to Intellectual Property Rights in Australia.

Job Enquiry Fee means the AUD$5 (including GST) fee payable by the Tradesperson to Mijobs as consideration for using the Mijobs Platform.

Personal information is any information about a person where their identity is apparent, or can reasonably be ascertained, and includes Sensitive Information.

Privacy Act means the Privacy Act 1988 (Cth), as amended from time to time.

Sensitive Information is information or an opinion about a person’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, sexual preferences, health or medical information or criminal records.

2. PRIVACY

All Personal Information will be dealt with in accordance with our Privacy Policy. Our Privacy Policy is accessible at www.mijobs.com.au/privacy-policy/.

3. STATUTORY REMEDIES

3.1  You have certain Consumer Rights under the Australian Consumer Law and other similar state and territory legislation, including the consumer guarantees, which cannot be excluded.

3.2  To the extent permitted by law, Mijobs’ liability in relation to your Consumer Rights will be limited to providing, at Mijobs’ discretion, a replacement of the services provided to the Poster or Tradesperson (where possible) or payment of the cost of having goods or services supplied again, or is otherwise limited to the remedies required of Mijobs under the Australia Consumer Law or other applicable law.

4. DISPUTE RESOLUTION

4.1  In the event that the parties cannot resolve a dispute within 14 days under clause 15 of the Terms, the dispute will be referred to mediation in accordance with the following mediation procedure:

(a)  the party who wishes to resolve the dispute must give notice (Mediation Notice) to the other party and to a mediator (Mediator) selected by them from the list of qualified mediators available from the Resolution Institute in Victoria. If agreement cannot be reached on the choice of the Mediator then the parties will agree to a qualified mediator chosen by the President of the Resolution Institute in Victoria;

(b)  the Mediation Notice must state that a dispute has arisen, and state the matters in dispute;

(c)  the parties must co-operate with the Mediator in an effort to resolve the dispute;

(d)  if the dispute is settled, the Parties must sign a copy of the terms of the settlement; and

(e)  if the dispute is not resolved within fourteen (14) days after the Mediator has been appointed, or within any extended time that the parties agree to in writing, the mediation must cease.

4.2  Each party must pay a half share of the costs of the Mediator to the mediation.

4.3  If the mediation ceases, either party is free to initiate proceedings in a Court or applicable tribunal.

4.4  Nothing in this clause shall prevent a party from seeking urgent equitable relief before an appropriate Court.

5. GOVERNING LAW

These Terms are governed by the laws of Victoria, Australia. By accessing and using this platform, you agree to submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia.

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