WEKINNET APP TERMS AND CONDITIONS
1. About
1.1 Welcome to the We Kinnet application (the “App”). The App is published by or on behalf of WE KINNET PTY LTD(ABN 49625213881) (“We Kinnet”). We Kinnet is the operator of the App consisting of a digital platform that connects job advertisers (“Advertisers”) with short term job seekers (“Job Seekers”).
1.2 The purpose of the App is to provide as a service (“Service”) a platform for Advertisers and Job Seekers to communicate with and locate each other through messaging (“We Kinnet messaging”). Any subsequent contractual relationship is between Advertiser and Job Seeker and as a provider of the App platform only, We Kinnet is not a party to that contract between Advertiser and Job Seeker.
1.3 By downloading or otherwise accessing the App, you agree to be bound by the following terms and conditions (“Terms”). Please read these Terms carefully as they govern your access to and use of the App as a binding contract between We Kinnet and you for the supply of our Service.
1.4 The terms and conditions of our Privacy Policy are incorporated in and form part of these Terms. We Kinnet may update the Terms at any time, and by continuing to use the App you accept the Terms as they are updated from time to time. For as long as you use our Service, you consent to downloading and installing updates to the Service including automatically.
1.5 These Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these Terms and the Platform Terms, then these Terms will prevail.
1.6 By using the App, you agree that we may send direct communications to the email address you provide.
2. Registration and Acceptance
2.1 To obtain access to the Service, you must register for a member account through the App (“Member Account”). By registering for a Member Account, you will be required to accept the Terms by clicking “I accept” in the user interface as a condition of joining as a member (“Member”). By clicking “I accept” you agree to the Terms. Your Member Account must be active and current to obtain access to our Service.
2.2 You must be at least 18 years of age or the age of legal majority in your jurisdiction to obtain a Member Account. You must not register for a Member Account if you are not of legal age to form a binding contract with us or if you are a person barred from receiving the Service under Australian law or any other country in which you are a resident. As a condition of your use of our App and access to the Service, you warrant that you are a person authorised to enter into a legally binding contract for the Service. We retain the right in our sole discretion to deny anyone access to our App or our Service at any time and for any reason.
2.3 As part of the registration process for a Member Account, you will be required to provide us with personal information including but not limited to:
(a) your name
(b) email and mailing address
(c) a geographical address
(d) a telephone number
(e) a preferred username and password (‘Login Details’), and
(f) and any other information indicated as required (e.g. day rate, hourly rate, work for offer, job location, job category, job title, job description and requirements, reviews).
(“Registration Data”)
2.4 You may register or access the App via a third party social networking service “SNS” (e.g., Facebook, Google, LinkedIn). These SNS’s allow you to access, register, or otherwise use the App, by providing We Kinnet with your personal information, such as your name, email, gender, connections (e.g. friends), encrypted access credentials, and any other information you make publicly available via an SNS. The information provided to us by an SNS is controlled and governed by their privacy policy. By accessing the App through an SNS, you agree that We Kinnet may use your personal information provided to us by an SNS, for the purposes of verifying your credentials, or to otherwise supplement your Member Account.
2.5 You warrant that your Registration Data is accurate, correct and up to date. If your Registration Data changes, you must promptly update your Member Account to reflect those changes. You must not submit any Registration Data that is false or inaccurate. If we detect suspicious or incomplete information, we reserve the right to cancel a Member Account.
2.6 We Kinnet may undertake additional inquiries to confirm the accuracy of your Registration Data but is not obliged to verify Registration Data. It is your responsibility to ensure that your Registration Data is accurate and that you keep your Registration Data up to date. We do not guarantee that the information displayed on the App is accurate, current or complete.
2.7 You retain ownership of your Registration Data. You grant We Kinnet a worldwide, royalty free license to use, reproduce, modify, adapt, create derivate works, make publicly available the Registraton Data for the limited purposes of providing our Service to you and only as permitted by our Privacy Policy. This license also extends to any trusted third parties we work with to the extent necessary to provide our Service to you.
2.8 You are responsible for keeping your Login Details secure. Members acknowledge that they are entirely responsible for all activities that occur under their Login Details. We Kinnet will not be liable for any loss or damage from your failure to maintain the security of your Login Details. You agree to immediately notify We Kinnet of any unauthorised use of your Login Details or any other breach of security known to you.
2.9 You are responsible for maintaining, protecting and making backups of your Registration Data. To the extent permitted by applicable law, We Kinnet will not be liable for any failure to store, or for loss or corruption to your Registration Data.
2.10 We Kinnet may without notice terminate your Member Account and your access to the Purchase Service including any Registration Data in it or associated with it:
(a) at any time for a breach of these Terms in the sole discretion of We Kinnet, or
(b) if there is no account activity associated with your Member Account for over 12 months.
2.11 You agree that We Kinnet may contact you by telephone or text messages in connection with your Member Account including for marketing purposes from which you may opt out at any time by contacting us.
2.12 We Kinnet reserves the right to deny any person access to a Member Account at any time and for any reason without notice.
3. Payment
3.1 Access to the Service is currently free for Members.
3.2 We reserve the right in the future to charge a fee by notice to Members for the use of our Service. Members will have the option to continue with our Service subject to paying the fee or otherwise discontinue our Service. You agree and acknowledge that your continued use of the Service may in the future be subject to a fee if you continue with the Service after we have given notice of this fee to you.
3.3 All payment for our services will be in Australian Dollars (AUD) and we will be entitled to add on GST for any supply in Australia.
4. Data Charges
4.1 Some data charges may apply when downloading the App from Apple Store and Google Play Store.
4.2 You agree that any software associated with the App and our Service that we provide to you may automatically download and install upgrades, updates, or other new features and that some data charges may apply. You may be able to adjust these automatic downloads through your device’s settings.
4.3 You also understand and agree that some content access using the App will incur data charges.
4.4 During the course of using the App, some data charges may occur if we collect usage information and analytics. Analytics are used for analytical purposes only and allow us to improve the App and our Service. You acknowledge that the App may collect and make use of information about your location and your use of the Service from your mobile network or any WIFI network being utilized by your mobile device.
4.5 If you are travelling overseas, you may incur roaming rates.
5. Licence Grant
5.1 In these Terms, "App Content" means all works, listings, information, materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our App for storage or publication on, processing by, or transmission via, the App.
5.2 We Kinnet grants to you a non-exclusive and revocable license to use the App in accordance with the Terms. This right is personal to you as a Member and limited by and subject to these Terms. This licence ends on the expiration or termination of these Terms.
5.3 The Licence may be terminated at any time in our sole discretion if you use the App or the Service except as permitted by these Terms. This Licence terminates on the expiration or termination of these Terms with you.
5.4 You grant to We Kinnet a non-exclusive, worldwide, and royalty free licence to use, disseminate, transmit and cache your App Content and your Registration Data submitted or transmitted by you in conjunction with the Service.
6. Obligations of Members
6.1 As a condition of access to our Service, you agree that:
(a) you have obtained all relevant consents to use our Service;
(b) your access to our Service is non-transferable and you will not allow anyone else to access your Member Account or our Service;
(c) you are responsible for maintaining the confidentiality of your Registration Data and your Login Details;
(d) you must not impersonate, misrepresent your identity or imitate another person when registering for a Member Account;
(e) you will use the App only for purposes permitted by:
(i) the Terms; and
(ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions
(f) your access to our Service will disabled when your Member Account is suspended, terminated or ends.
6.2 Your App Content must be complete and accurate. App Content may be individually reviewed following submission. We reserve the right at any time to reject, unpublish or delete any App Content that is in breach of these Terms or that does not meet any additional guidelines for App Content published on our App. App listings must be allocated to the appropriate category or sub-categories. If you cannot identify an appropriate category or sub-category for your App Content, please contact us. You must immediately remove any App Content in respect of your supply that has ceased to be available.
6.3 After you have received the services obtained from another Member through our Service, you will have the opportunity through the user interface to rate your experience with a star rating and leave a review for the other Member.
6.3 You agree not to:
(a) introduce any virus, worms, logic bombs or other malicious software or technically harmful data or otherwise attempt to or modify or interfere with the App or overburden or disrupt any device used by the Service;
(b) hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of it;
(c) institute, assist, or become involved in any type of attack upon the Service; or
(d) remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices and legends contained on or in the App.
6.4 In these Terms, "COMM’s" means all works and materials (including without limitation text, communications, messages, comments, photographs, images, audio material, video material, audio-visual material, scripts, software and files). You agree that you must not use on our App or transmit or upload COMM’s to our App including through We Kinnet messaging that:
(a) impersonate an individual or organisation, are fraudulent, threatening of invasive of another’s privacy or otherwise illegal;
(b) contain abusive, offensive, pornographic, homophobic, sexist, aggressive, defamatory, libelous, hateful, discriminatory, obscene, inflammatory or racist language;
(c) are unlawful, fraudulent, malicious, in contravention of any advertising or marketing laws or which give rise to civil or criminal liability or which may call the App into disrepute;
(d) make personal attacks, harasses, bullies or intimidates any person;
(e) constitutes, assists or encourages a criminal offence, violates the rights of any person, or that otherwise creates liability or violates any local, state, national, or international law;
(f) infringes upon or violates any person’s rights, including but not limited to intellectual property rights, rights of privacy, rights of confidentiality or unauthorised disclosure of any personal information;
(g) supplies instructional information about illegal activities;
(h) are trolling or threatening;
(i) solicits, invites, encourages, advocates, incites or provoke any the foregoing.
6.5 You must not use our App for collecting email addresses of other Members by electronic or other means to send unsolicited email, spam, or unwanted advertisements including the use of links to other applications or for self-promotion that is not in accordance with the purposes of this App.
6.6 The App or any part of it may not be copied, archived, reproduced, adapted, duplicated, translated or distributed in any way (including mirroring) to any other device, server, application or other medium for publication or distribution.
6.7 We reserve our right to suspend or deactivate a Member Account that violates any of the above provisions.
7. INTELLECTUAL PROPERTY
7.1 In these Terms:
“Intellectual Property” means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, domain names, knowhow and other rights of a similar nature worldwide, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
7.2 The material on the App (“Copyright Material”) is subject to copyright and owned by the copyright owner. The Copyright Material on the App is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights including any copyright in the Service and the compilation of the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by We Kinnet.
7.3 Member agrees that all right, title and interest in the Intellectual Property of this App are the property of We Kinnet. Member must not use or infringe the Intellectual Property Rights of We Kinnet. The App and the Copyright Material may not be copied, reproduced, publicly displayed, translated or distributed in any way (including mirroring) to any other device, server, application or other medium for publication or distribution, without our express prior written consent.
7.4 Member must ensure that in relation to any App Content that Member uploads or transmit through the Service that Member has all applicable rights to use the Intellectual Property in the App Content. Member warrants that the use of the Intellectual Property in the App Content will not result in the infringements of proprietary rights of third parties. We Kinnet as a provider of the App platform only accepts no responsibility for and disclaims any liability for copyright infringement arising out of the App Content.
7.5 We Kinnet reserves the right but is not obliged to edit or reject any App Content if We Kinnet in its sole discretion considers the App Content to be objectionable or in violation of these Terms including where We Kinnet believes Member is in violation of Intellectual Property Rights.
7.6 For any copyright complaints, please email We Kinnet at contactus@wekinnet.com giving details of the following:
(a) a physical or electronic signature of the copyright owner or the person authorised to act on behalf of the copyright owner, and
(b) a clear identification of the alleged copyright infringement work, and
(c) your address, telephone number and email address.
We Kinnet will respond within thirty (30) calendar days after notice of the alleged infringement.
7.7 As a registered Member, you warrant that in relation to any Content posted on this App or Communications that:
(a) all title, ownership rights and Intellectual Property Rights in and to the Content and Communications and all copies thereof, are owned or licensed by you; and
(b) the use of any or all the Intellectual Property in the Content and COMMS according to the Terms shall not result in the infringements of proprietary rights of third parties; and
(c) the Content and Communications is not in contravention of legislation, any advertising or marketing laws or any other third-party rights.
7.8 Without prejudice to our other rights under these Terms, we reserve our right to suspend or deactivate the Member’s Account that violates any of the above provisions.
7.9 Where we suspend, terminate or deactivate your Account, you may not take any action to circumvent such suspension, termination or deactivation.
7.10 We are not responsible for any damages or loss of data resulting from such suspension, termination or deactivation.
7.11 The obligations accepted by the Member under this clause survive termination or expiry of these Terms.
8. DISCLAIMER
8.1 The information and content on this App including through job listings and We Kinnet Messaging is for your general information only. It is not intended to provide legal, business or financial advice and should not be relied upon as our advice, approval, recommendation or endorsement of that information. Do not use any information on this App as a substitute for obtaining your own professional advice.
8.2 We make no statements or guarantees relating to the operation of our Service, or that the information and material provided through our Service is accurate, suitable for you, always available, complete or current. We encourage you to check the accuracy of any information provided through our Service.
8.3 We do not give you any assurances that the information on our App will be suitable for your purposes or that our Service will be error free. You agree that you will not rely on the information on our App or the availability of our Service and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice where appropriate.
8.4 Any views or opinions published on the App are not necessarily those of We Kinnet. No responsibility is accepted by We Kinnet, its subsidiaries, officers or employees for the accuracy of any statement, opinion or advice contained in any content, text or advertisements, and to the full extent allowed by law, We Kinnet excludes liability for any loss or damage sustained by Members arising from, or in conjunction with, the supply or use of information on We Kinnet through any cause.
8.5 You accept sole responsibility associated with the use of any information or material on the App or obtained through the App including through We Kinnet Messaging irrespective of the purpose for which such use or results are applied. You agree that you will seek professional advice before acting or failing to act upon any information provided.
8.6 The nature of the Internet means that your Service or communications may be susceptible to data corruption, unauthorised access, errors, interception and delays (“Interruptions”). We Kinnet disclaims any liability for these Interruptions or any incomplete information, inaccuracies or errors, whether caused by We Kinnet or Members of We Kinnet or by any of the equipment or programming associated with or utilised in We Kinnet.
8.7 If there is anything which you believe to be factually inaccurate in any material published on our App, please Contact Us.
9. LIABILITY
9.1 To the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
9.2 We Kinnet does not make any representation or warranty:
(a) the completeness, truth, suitability, quality or accuracy of the information published on our App including any information provided by Members as to job availability;
(b) with respect to or endorse any Member or their identity, background, skills, qualifications or expertise;
(b) that the material on the App is up to date; or
(c) that the App or any service on the App will remain available.
Any use of or reliance on the Service made available on the App is solely at the Member’s own risk.
9.3 You expressly understand and agree that We Kinnet, its affiliates, employees, agents, contributors 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:
(a) any losses arising out of any event or events beyond our reasonable control;
(b) any business losses, including (without limitation) loss of or damage to profits (whether incurred directly or indirectly), income, revenue, use, production, anticipated savings, business reputation, contracts, commercial opportunities, goodwill or any other intangible loss;
(c) any loss or corruption of any data, database or software; and
(d) any special, indirect or consequential loss or damage.
9.4 Everything on the App and Service is provided to a Member "as is" and "as available" without warranty or condition of any kind. This includes (but is limited to) loss or damage you may suffer because of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, 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 App or any services (including third-party material and advertisements on the App); and
(c) costs incurred because of you using the App; or
(d) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
9.5 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.
9.6 We reserve the right to discontinue or alter any or all of the services on the App, and to stop publishing our App, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms or otherwise required by law, we will not pay you any compensation or other payment upon the discontinuance or alteration of any services, or if we stop publishing the App.
9.7 Our total liability arising out of or in connection with the Service or these Terms, however arising, whether at common law, under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed at our option the resupply of the Service to you. Our aggregate liability to you in respect of any contract to provide Service to you under these Terms shall not exceed the greater of the total amount paid by you and payable to us for providing the Service.
9.8 This clause survives the termination or expiry of this Agreement for whatever reason.
10. INDEMNITY
10.1 Member indemnifies and releases We Kinnet, its affiliates, directors, officers, employees, agents, contributors and licensors from and against any and all claims, losses, demands, proceedings (including all class actions, suits), damages, costs, expenses or liabilities (including without limitation legal expenses and any amounts payable by us to a third-party in settlement of a claim or dispute) brought against or sustained by us, which are directly or indirectly caused by:
(a) Member’s breach of these Terms;
(b) Member’s use or misuse of the App;
(c) any negligent or wrongful act or omission of Member; and
(d) any breach of any third-party rights, including in respect of any claim that infringes Intellectual Property Rights.
11. TERMINATION
11.1 The Terms will continue to apply until terminated by either you or by We Kinnet as set out below.
11.2 We Kinnet may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms;
(b) We Kinnet is required to do so by law;
(c) the provision of the Service to you by We Kinnet is, in the opinion of We Kinnet, no longer commercially viable.
11.3 We Kinnet reserves the right to discontinue or terminate your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the App or the Service without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts We Kinnet’s name or reputation or violates the rights of those of another party.
11.4 If you want to terminate the Terms, you may do so by closing your account for the Service which you use.
12. DISPUTES
12.1 Members are solely responsible for interactions and disputes with each other.
12.2 We Kinnet reserves the right, but has no obligation, to monitor disputes between Members although may involve itself in such a dispute for improving the user experience of Members.
12.3 If a dispute arises out of or relates to the Terms as between We Kinnet and a Member, either party may not 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):
(a) Compulsory process. A party may not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause.
(b) Notification. A party claiming that a Dispute has arisen may notify each other party to the Dispute giving details of the Dispute.
(c) Initial period – efforts to resolve Dispute. During the 30-calendar day period after a notice is given (or longer period agreed in writing by the parties to the Dispute) (Initial Period) each party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
(d) Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:
(f) Information. Any information or documents disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.
(g) Costs of mediation. Each Disputant shall pay its own costs. The Disputants may pay equally the costs of any mediator engaged.
(h) The mediation will be held in Victoria, Australia.
(i) Failure to resolve. After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within thirty (30) calendar days after commencement of dispute resolution.
13. PRIVACY
13.1 In these Terms, Personal Information has the meaning as defined in any applicable Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth).
13.2 If a Member obtains Personal Information during using the Service under these Terms, the Member may comply with its obligations under the Privacy Laws and not do any act or engage in any practice which would be a breach of the Australian Privacy Principles (APPs) as contained in the Privacy Act 1988 (Cth).
14. VARIATION
14.1 We Kinnet may revise these Terms.
14.2 The revised Terms shall apply to the use of our App from the date of publication of the revised Terms on the App, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms.
15. NO WAIVER
15.1 No waiver of rights under this agreement or any We Kinnet policy, or agreement between a Member and We Kinnet shall constitute a subsequent waiver of this or any other right under this Agreement.
15.2 Any failure of We Kinnet to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
16. ASSIGNMENT
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and obligations under these Terms.
17. THIRD PARTY RIGHTS
17.1 A contract under these Terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. ENTIRE AGREEMENT
18.1 These Terms shall constitute the entire agreement between you and us in relation to your use of the App and shall supersede all previous agreements between you and us in relation to your use of the App.
19. SEVERABILITY
19.1 If any part of provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of the provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
20. GOVERNING LAW AND JURISDICTION
20.1 The Terms are governed by the laws of Victoria, 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 Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested.
20.2 The Service offered by We Kinnet is 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 Victoria, Australia.
21. FORCE MAJEURE
21.1 Notwithstanding any other provision of these Terms, we need not act if it is impossible to act due to force majeure, meaning any cause beyond its control (including war, riot, natural disaster or law taking effect after the date of these Terms). We have no responsibility or liability for any loss or expense suffered or incurred by you because of not acting for so long as the force majeure continues.
22. FEEDBACK
22.1 We Kinnet welcomes and encourages you to provide feedback, comments and suggestions for improvements to the App ("Feedback"). You may submit Feedback by emailing us at contactus@wekinnet.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose, including (but not limited to) advertising and promotional purposes.
23. OUR DETAILS
23.1 This App is owned and operated by WE KINNET PTY LTD.
23.2 You can contact us:
(a) [using our website contact form; wekinnet.com];
(b) contactus@wekinnet.com
© 2018 WE KINNET PTY LTD. All Rights Reserved.
Terms last updated 08/04/2018
1. About
1.1 Welcome to the We Kinnet application (the “App”). The App is published by or on behalf of WE KINNET PTY LTD(ABN 49625213881) (“We Kinnet”). We Kinnet is the operator of the App consisting of a digital platform that connects job advertisers (“Advertisers”) with short term job seekers (“Job Seekers”).
1.2 The purpose of the App is to provide as a service (“Service”) a platform for Advertisers and Job Seekers to communicate with and locate each other through messaging (“We Kinnet messaging”). Any subsequent contractual relationship is between Advertiser and Job Seeker and as a provider of the App platform only, We Kinnet is not a party to that contract between Advertiser and Job Seeker.
1.3 By downloading or otherwise accessing the App, you agree to be bound by the following terms and conditions (“Terms”). Please read these Terms carefully as they govern your access to and use of the App as a binding contract between We Kinnet and you for the supply of our Service.
1.4 The terms and conditions of our Privacy Policy are incorporated in and form part of these Terms. We Kinnet may update the Terms at any time, and by continuing to use the App you accept the Terms as they are updated from time to time. For as long as you use our Service, you consent to downloading and installing updates to the Service including automatically.
1.5 These Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these Terms and the Platform Terms, then these Terms will prevail.
1.6 By using the App, you agree that we may send direct communications to the email address you provide.
2. Registration and Acceptance
2.1 To obtain access to the Service, you must register for a member account through the App (“Member Account”). By registering for a Member Account, you will be required to accept the Terms by clicking “I accept” in the user interface as a condition of joining as a member (“Member”). By clicking “I accept” you agree to the Terms. Your Member Account must be active and current to obtain access to our Service.
2.2 You must be at least 18 years of age or the age of legal majority in your jurisdiction to obtain a Member Account. You must not register for a Member Account if you are not of legal age to form a binding contract with us or if you are a person barred from receiving the Service under Australian law or any other country in which you are a resident. As a condition of your use of our App and access to the Service, you warrant that you are a person authorised to enter into a legally binding contract for the Service. We retain the right in our sole discretion to deny anyone access to our App or our Service at any time and for any reason.
2.3 As part of the registration process for a Member Account, you will be required to provide us with personal information including but not limited to:
(a) your name
(b) email and mailing address
(c) a geographical address
(d) a telephone number
(e) a preferred username and password (‘Login Details’), and
(f) and any other information indicated as required (e.g. day rate, hourly rate, work for offer, job location, job category, job title, job description and requirements, reviews).
(“Registration Data”)
2.4 You may register or access the App via a third party social networking service “SNS” (e.g., Facebook, Google, LinkedIn). These SNS’s allow you to access, register, or otherwise use the App, by providing We Kinnet with your personal information, such as your name, email, gender, connections (e.g. friends), encrypted access credentials, and any other information you make publicly available via an SNS. The information provided to us by an SNS is controlled and governed by their privacy policy. By accessing the App through an SNS, you agree that We Kinnet may use your personal information provided to us by an SNS, for the purposes of verifying your credentials, or to otherwise supplement your Member Account.
2.5 You warrant that your Registration Data is accurate, correct and up to date. If your Registration Data changes, you must promptly update your Member Account to reflect those changes. You must not submit any Registration Data that is false or inaccurate. If we detect suspicious or incomplete information, we reserve the right to cancel a Member Account.
2.6 We Kinnet may undertake additional inquiries to confirm the accuracy of your Registration Data but is not obliged to verify Registration Data. It is your responsibility to ensure that your Registration Data is accurate and that you keep your Registration Data up to date. We do not guarantee that the information displayed on the App is accurate, current or complete.
2.7 You retain ownership of your Registration Data. You grant We Kinnet a worldwide, royalty free license to use, reproduce, modify, adapt, create derivate works, make publicly available the Registraton Data for the limited purposes of providing our Service to you and only as permitted by our Privacy Policy. This license also extends to any trusted third parties we work with to the extent necessary to provide our Service to you.
2.8 You are responsible for keeping your Login Details secure. Members acknowledge that they are entirely responsible for all activities that occur under their Login Details. We Kinnet will not be liable for any loss or damage from your failure to maintain the security of your Login Details. You agree to immediately notify We Kinnet of any unauthorised use of your Login Details or any other breach of security known to you.
2.9 You are responsible for maintaining, protecting and making backups of your Registration Data. To the extent permitted by applicable law, We Kinnet will not be liable for any failure to store, or for loss or corruption to your Registration Data.
2.10 We Kinnet may without notice terminate your Member Account and your access to the Purchase Service including any Registration Data in it or associated with it:
(a) at any time for a breach of these Terms in the sole discretion of We Kinnet, or
(b) if there is no account activity associated with your Member Account for over 12 months.
2.11 You agree that We Kinnet may contact you by telephone or text messages in connection with your Member Account including for marketing purposes from which you may opt out at any time by contacting us.
2.12 We Kinnet reserves the right to deny any person access to a Member Account at any time and for any reason without notice.
3. Payment
3.1 Access to the Service is currently free for Members.
3.2 We reserve the right in the future to charge a fee by notice to Members for the use of our Service. Members will have the option to continue with our Service subject to paying the fee or otherwise discontinue our Service. You agree and acknowledge that your continued use of the Service may in the future be subject to a fee if you continue with the Service after we have given notice of this fee to you.
3.3 All payment for our services will be in Australian Dollars (AUD) and we will be entitled to add on GST for any supply in Australia.
4. Data Charges
4.1 Some data charges may apply when downloading the App from Apple Store and Google Play Store.
4.2 You agree that any software associated with the App and our Service that we provide to you may automatically download and install upgrades, updates, or other new features and that some data charges may apply. You may be able to adjust these automatic downloads through your device’s settings.
4.3 You also understand and agree that some content access using the App will incur data charges.
4.4 During the course of using the App, some data charges may occur if we collect usage information and analytics. Analytics are used for analytical purposes only and allow us to improve the App and our Service. You acknowledge that the App may collect and make use of information about your location and your use of the Service from your mobile network or any WIFI network being utilized by your mobile device.
4.5 If you are travelling overseas, you may incur roaming rates.
5. Licence Grant
5.1 In these Terms, "App Content" means all works, listings, information, materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our App for storage or publication on, processing by, or transmission via, the App.
5.2 We Kinnet grants to you a non-exclusive and revocable license to use the App in accordance with the Terms. This right is personal to you as a Member and limited by and subject to these Terms. This licence ends on the expiration or termination of these Terms.
5.3 The Licence may be terminated at any time in our sole discretion if you use the App or the Service except as permitted by these Terms. This Licence terminates on the expiration or termination of these Terms with you.
5.4 You grant to We Kinnet a non-exclusive, worldwide, and royalty free licence to use, disseminate, transmit and cache your App Content and your Registration Data submitted or transmitted by you in conjunction with the Service.
6. Obligations of Members
6.1 As a condition of access to our Service, you agree that:
(a) you have obtained all relevant consents to use our Service;
(b) your access to our Service is non-transferable and you will not allow anyone else to access your Member Account or our Service;
(c) you are responsible for maintaining the confidentiality of your Registration Data and your Login Details;
(d) you must not impersonate, misrepresent your identity or imitate another person when registering for a Member Account;
(e) you will use the App only for purposes permitted by:
(i) the Terms; and
(ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions
(f) your access to our Service will disabled when your Member Account is suspended, terminated or ends.
6.2 Your App Content must be complete and accurate. App Content may be individually reviewed following submission. We reserve the right at any time to reject, unpublish or delete any App Content that is in breach of these Terms or that does not meet any additional guidelines for App Content published on our App. App listings must be allocated to the appropriate category or sub-categories. If you cannot identify an appropriate category or sub-category for your App Content, please contact us. You must immediately remove any App Content in respect of your supply that has ceased to be available.
6.3 After you have received the services obtained from another Member through our Service, you will have the opportunity through the user interface to rate your experience with a star rating and leave a review for the other Member.
6.3 You agree not to:
(a) introduce any virus, worms, logic bombs or other malicious software or technically harmful data or otherwise attempt to or modify or interfere with the App or overburden or disrupt any device used by the Service;
(b) hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of it;
(c) institute, assist, or become involved in any type of attack upon the Service; or
(d) remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices and legends contained on or in the App.
6.4 In these Terms, "COMM’s" means all works and materials (including without limitation text, communications, messages, comments, photographs, images, audio material, video material, audio-visual material, scripts, software and files). You agree that you must not use on our App or transmit or upload COMM’s to our App including through We Kinnet messaging that:
(a) impersonate an individual or organisation, are fraudulent, threatening of invasive of another’s privacy or otherwise illegal;
(b) contain abusive, offensive, pornographic, homophobic, sexist, aggressive, defamatory, libelous, hateful, discriminatory, obscene, inflammatory or racist language;
(c) are unlawful, fraudulent, malicious, in contravention of any advertising or marketing laws or which give rise to civil or criminal liability or which may call the App into disrepute;
(d) make personal attacks, harasses, bullies or intimidates any person;
(e) constitutes, assists or encourages a criminal offence, violates the rights of any person, or that otherwise creates liability or violates any local, state, national, or international law;
(f) infringes upon or violates any person’s rights, including but not limited to intellectual property rights, rights of privacy, rights of confidentiality or unauthorised disclosure of any personal information;
(g) supplies instructional information about illegal activities;
(h) are trolling or threatening;
(i) solicits, invites, encourages, advocates, incites or provoke any the foregoing.
6.5 You must not use our App for collecting email addresses of other Members by electronic or other means to send unsolicited email, spam, or unwanted advertisements including the use of links to other applications or for self-promotion that is not in accordance with the purposes of this App.
6.6 The App or any part of it may not be copied, archived, reproduced, adapted, duplicated, translated or distributed in any way (including mirroring) to any other device, server, application or other medium for publication or distribution.
6.7 We reserve our right to suspend or deactivate a Member Account that violates any of the above provisions.
7. INTELLECTUAL PROPERTY
7.1 In these Terms:
“Intellectual Property” means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, domain names, knowhow and other rights of a similar nature worldwide, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
7.2 The material on the App (“Copyright Material”) is subject to copyright and owned by the copyright owner. The Copyright Material on the App is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights including any copyright in the Service and the compilation of the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by We Kinnet.
7.3 Member agrees that all right, title and interest in the Intellectual Property of this App are the property of We Kinnet. Member must not use or infringe the Intellectual Property Rights of We Kinnet. The App and the Copyright Material may not be copied, reproduced, publicly displayed, translated or distributed in any way (including mirroring) to any other device, server, application or other medium for publication or distribution, without our express prior written consent.
7.4 Member must ensure that in relation to any App Content that Member uploads or transmit through the Service that Member has all applicable rights to use the Intellectual Property in the App Content. Member warrants that the use of the Intellectual Property in the App Content will not result in the infringements of proprietary rights of third parties. We Kinnet as a provider of the App platform only accepts no responsibility for and disclaims any liability for copyright infringement arising out of the App Content.
7.5 We Kinnet reserves the right but is not obliged to edit or reject any App Content if We Kinnet in its sole discretion considers the App Content to be objectionable or in violation of these Terms including where We Kinnet believes Member is in violation of Intellectual Property Rights.
7.6 For any copyright complaints, please email We Kinnet at contactus@wekinnet.com giving details of the following:
(a) a physical or electronic signature of the copyright owner or the person authorised to act on behalf of the copyright owner, and
(b) a clear identification of the alleged copyright infringement work, and
(c) your address, telephone number and email address.
We Kinnet will respond within thirty (30) calendar days after notice of the alleged infringement.
7.7 As a registered Member, you warrant that in relation to any Content posted on this App or Communications that:
(a) all title, ownership rights and Intellectual Property Rights in and to the Content and Communications and all copies thereof, are owned or licensed by you; and
(b) the use of any or all the Intellectual Property in the Content and COMMS according to the Terms shall not result in the infringements of proprietary rights of third parties; and
(c) the Content and Communications is not in contravention of legislation, any advertising or marketing laws or any other third-party rights.
7.8 Without prejudice to our other rights under these Terms, we reserve our right to suspend or deactivate the Member’s Account that violates any of the above provisions.
7.9 Where we suspend, terminate or deactivate your Account, you may not take any action to circumvent such suspension, termination or deactivation.
7.10 We are not responsible for any damages or loss of data resulting from such suspension, termination or deactivation.
7.11 The obligations accepted by the Member under this clause survive termination or expiry of these Terms.
8. DISCLAIMER
8.1 The information and content on this App including through job listings and We Kinnet Messaging is for your general information only. It is not intended to provide legal, business or financial advice and should not be relied upon as our advice, approval, recommendation or endorsement of that information. Do not use any information on this App as a substitute for obtaining your own professional advice.
8.2 We make no statements or guarantees relating to the operation of our Service, or that the information and material provided through our Service is accurate, suitable for you, always available, complete or current. We encourage you to check the accuracy of any information provided through our Service.
8.3 We do not give you any assurances that the information on our App will be suitable for your purposes or that our Service will be error free. You agree that you will not rely on the information on our App or the availability of our Service and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice where appropriate.
8.4 Any views or opinions published on the App are not necessarily those of We Kinnet. No responsibility is accepted by We Kinnet, its subsidiaries, officers or employees for the accuracy of any statement, opinion or advice contained in any content, text or advertisements, and to the full extent allowed by law, We Kinnet excludes liability for any loss or damage sustained by Members arising from, or in conjunction with, the supply or use of information on We Kinnet through any cause.
8.5 You accept sole responsibility associated with the use of any information or material on the App or obtained through the App including through We Kinnet Messaging irrespective of the purpose for which such use or results are applied. You agree that you will seek professional advice before acting or failing to act upon any information provided.
8.6 The nature of the Internet means that your Service or communications may be susceptible to data corruption, unauthorised access, errors, interception and delays (“Interruptions”). We Kinnet disclaims any liability for these Interruptions or any incomplete information, inaccuracies or errors, whether caused by We Kinnet or Members of We Kinnet or by any of the equipment or programming associated with or utilised in We Kinnet.
8.7 If there is anything which you believe to be factually inaccurate in any material published on our App, please Contact Us.
9. LIABILITY
9.1 To the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
9.2 We Kinnet does not make any representation or warranty:
(a) the completeness, truth, suitability, quality or accuracy of the information published on our App including any information provided by Members as to job availability;
(b) with respect to or endorse any Member or their identity, background, skills, qualifications or expertise;
(b) that the material on the App is up to date; or
(c) that the App or any service on the App will remain available.
Any use of or reliance on the Service made available on the App is solely at the Member’s own risk.
9.3 You expressly understand and agree that We Kinnet, its affiliates, employees, agents, contributors 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:
(a) any losses arising out of any event or events beyond our reasonable control;
(b) any business losses, including (without limitation) loss of or damage to profits (whether incurred directly or indirectly), income, revenue, use, production, anticipated savings, business reputation, contracts, commercial opportunities, goodwill or any other intangible loss;
(c) any loss or corruption of any data, database or software; and
(d) any special, indirect or consequential loss or damage.
9.4 Everything on the App and Service is provided to a Member "as is" and "as available" without warranty or condition of any kind. This includes (but is limited to) loss or damage you may suffer because of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, 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 App or any services (including third-party material and advertisements on the App); and
(c) costs incurred because of you using the App; or
(d) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
9.5 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.
9.6 We reserve the right to discontinue or alter any or all of the services on the App, and to stop publishing our App, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms or otherwise required by law, we will not pay you any compensation or other payment upon the discontinuance or alteration of any services, or if we stop publishing the App.
9.7 Our total liability arising out of or in connection with the Service or these Terms, however arising, whether at common law, under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed at our option the resupply of the Service to you. Our aggregate liability to you in respect of any contract to provide Service to you under these Terms shall not exceed the greater of the total amount paid by you and payable to us for providing the Service.
9.8 This clause survives the termination or expiry of this Agreement for whatever reason.
10. INDEMNITY
10.1 Member indemnifies and releases We Kinnet, its affiliates, directors, officers, employees, agents, contributors and licensors from and against any and all claims, losses, demands, proceedings (including all class actions, suits), damages, costs, expenses or liabilities (including without limitation legal expenses and any amounts payable by us to a third-party in settlement of a claim or dispute) brought against or sustained by us, which are directly or indirectly caused by:
(a) Member’s breach of these Terms;
(b) Member’s use or misuse of the App;
(c) any negligent or wrongful act or omission of Member; and
(d) any breach of any third-party rights, including in respect of any claim that infringes Intellectual Property Rights.
11. TERMINATION
11.1 The Terms will continue to apply until terminated by either you or by We Kinnet as set out below.
11.2 We Kinnet may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms;
(b) We Kinnet is required to do so by law;
(c) the provision of the Service to you by We Kinnet is, in the opinion of We Kinnet, no longer commercially viable.
11.3 We Kinnet reserves the right to discontinue or terminate your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the App or the Service without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts We Kinnet’s name or reputation or violates the rights of those of another party.
11.4 If you want to terminate the Terms, you may do so by closing your account for the Service which you use.
12. DISPUTES
12.1 Members are solely responsible for interactions and disputes with each other.
12.2 We Kinnet reserves the right, but has no obligation, to monitor disputes between Members although may involve itself in such a dispute for improving the user experience of Members.
12.3 If a dispute arises out of or relates to the Terms as between We Kinnet and a Member, either party may not 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):
(a) Compulsory process. A party may not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause.
(b) Notification. A party claiming that a Dispute has arisen may notify each other party to the Dispute giving details of the Dispute.
(c) Initial period – efforts to resolve Dispute. During the 30-calendar day period after a notice is given (or longer period agreed in writing by the parties to the Dispute) (Initial Period) each party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
(d) Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:
- (i) a mediator agreed on by the Disputants; or
- (ii) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, request that an appropriate mediator be appointed by a person appointed by the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
(f) Information. Any information or documents disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.
(g) Costs of mediation. Each Disputant shall pay its own costs. The Disputants may pay equally the costs of any mediator engaged.
(h) The mediation will be held in Victoria, Australia.
(i) Failure to resolve. After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within thirty (30) calendar days after commencement of dispute resolution.
13. PRIVACY
13.1 In these Terms, Personal Information has the meaning as defined in any applicable Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth).
13.2 If a Member obtains Personal Information during using the Service under these Terms, the Member may comply with its obligations under the Privacy Laws and not do any act or engage in any practice which would be a breach of the Australian Privacy Principles (APPs) as contained in the Privacy Act 1988 (Cth).
14. VARIATION
14.1 We Kinnet may revise these Terms.
14.2 The revised Terms shall apply to the use of our App from the date of publication of the revised Terms on the App, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms.
15. NO WAIVER
15.1 No waiver of rights under this agreement or any We Kinnet policy, or agreement between a Member and We Kinnet shall constitute a subsequent waiver of this or any other right under this Agreement.
15.2 Any failure of We Kinnet to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
16. ASSIGNMENT
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and obligations under these Terms.
17. THIRD PARTY RIGHTS
17.1 A contract under these Terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. ENTIRE AGREEMENT
18.1 These Terms shall constitute the entire agreement between you and us in relation to your use of the App and shall supersede all previous agreements between you and us in relation to your use of the App.
19. SEVERABILITY
19.1 If any part of provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of the provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
20. GOVERNING LAW AND JURISDICTION
20.1 The Terms are governed by the laws of Victoria, 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 Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested.
20.2 The Service offered by We Kinnet is 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 Victoria, Australia.
21. FORCE MAJEURE
21.1 Notwithstanding any other provision of these Terms, we need not act if it is impossible to act due to force majeure, meaning any cause beyond its control (including war, riot, natural disaster or law taking effect after the date of these Terms). We have no responsibility or liability for any loss or expense suffered or incurred by you because of not acting for so long as the force majeure continues.
22. FEEDBACK
22.1 We Kinnet welcomes and encourages you to provide feedback, comments and suggestions for improvements to the App ("Feedback"). You may submit Feedback by emailing us at contactus@wekinnet.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose, including (but not limited to) advertising and promotional purposes.
23. OUR DETAILS
23.1 This App is owned and operated by WE KINNET PTY LTD.
23.2 You can contact us:
(a) [using our website contact form; wekinnet.com];
(b) contactus@wekinnet.com
© 2018 WE KINNET PTY LTD. All Rights Reserved.
Terms last updated 08/04/2018