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Terms and Conditions

QUIK SHIFT PTY. LTD. MARKETPLACE TERMS AND CONDITIONS

 

MARKETPLACE TERMS AND CONDITIONS
The QuikShift mobile platform (App) is owned by Quik Shift Pty. Ltd. ABN 76 614 780 899 (QuikShift).

By accessing or using the App, you agree to be bound by these Terms and Conditions (Terms). If you object to anything in, or otherwise do not agree to, these Terms you are not authorised to use the App. You must not use the App in any way other than in accordance with these Terms.

1. Platform Summary – Introductory Service Only
(a) The App provides an introductory service connecting any organisation which requires temporary employment (Businesses) with people looking for temporary employment (Candidates) (collectively, the Services).

(b) Via the Services, Businesses will be able to create a listing (Listing) on the App, advertise employment opportunities (Employment Opportunities) and contact Candidates using the details provided on the App (Business Services). Candidates will be able to view Listings and
offer to provide their services by contacting Businesses using the details provided on the Listing.

(c) The Services are available on the App known as QuikShift (App).

(d) The App is an introductory platform only for service providers and service seekers, and is not an employment agency or labour hire business. By accessing or using the App, you acknowledge that Businesses or Candidates are not employees, contractors, partners or agents of QuikShift.

(e) A Business must set out all relevant information in a Listing including the location for an employment opportunity, key duties and type of employment.

(f) Each User may create a profile as per information requested on the App including the option of submitting a resume if the User is a Candidate (Profile).

(g) Candidates can view the Profiles of Businesses, and contact Businesses via their provided email address, telephone number or in-App messages to make arrangements with the Business.

(h) Businesses can view the Profiles of Candidates, and contact Candidates via in-App messages any email address provided through the App.

(i) Each User understands and agrees that the App is an online introductory platform only, and that QuikShift’s responsibilities are limited to facilitating the availability of the App and the Services.

(j) QuikShift is not a party to any agreement entered into between a Business and a Candidate. QuikShift is not a referrer or booking agent and provides no such related services. QuikShift has no control over the conduct of Businesses, Candidates and any other users of the App and the Services. QuikShift disclaims all liability in this regard, as set out in these Terms.

(k) Any arrangement between a Business and a Candidate is solely between the Business and Candidate. It is strictly and expressly not part of the User’s agreement with QuikShift.

2. Contract
(a) These Terms form a binding legal agreement between QuikShift and each person, organisation or entity using the App and Services (referred to as User). By using the App and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, please contact QuikShift using the contact details at the end of these Terms.

(b) The User’s use of the App and the Services indicates that:
i. the User has had sufficient opportunity to access the Terms and contact QuikShift;
ii. the User has read, accepted and will comply with the Terms; and
iii. the User has legal capacity to enter into a contract or if you are under the age of eighteen (18), you have obtained the consent of your parent or guardian to enter
into a contract.

If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.

(c) QuikShift may amend these Terms from time to time, and will give the User 30 days’ notice of the varied Terms. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. If the User does not agree to the amended Terms, the User may terminate these Terms and must immediately cease accessing and using the Services. QuikShift recommends that each User check the Current Terms, before continuing access and use of the App and Services.

(d) These Terms supplement and incorporate:
i. QuikShift’s policies and terms and conditions, including without limitation the Website Terms of Use and Privacy Policy posted on the Site;
ii. The Payment Terms.

(e) QuikShift’s Privacy Policy sets out how QuikShift collects, uses and protects the personal information of its Users. QuikShift’s Website Terms of Use governs Users’ use of the Site. These documents are available on the Site.

3. Online Registration
(a) A User must register on the App and create an account (Account) to access the Services on the App, including making a Listing, viewing Listings, creating a Profile and contacting another Business or Candidate.

(b) Each User may only have one (1) Account on the App including a Profile.

(c) Basic information is required when registering on the App for an Account. Each User is required to provide certain information including name, email address, and select a username and password.

(d) Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. QuikShift reserves the right to suspend or terminate any User’s Account and his/her access to the App and Services if any information provided to QuikShift proves to be inaccurate, not current or incomplete.

(e) Users may be requested by QuikShift to change their passwords at regular intervals. Further information on the storage and security of personal information can be found in our Privacy Policy and Website Terms of Use.

(f) It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.

(g) The User will immediately notify QuikShift of any unauthorised use of its Account.

4. Users and User Profiles
(a) Users who have created an Account are permitted to create Profiles. The User’s Profile for its use of the App is created from the personal information it provides to QuikShift.

(b) Each User acknowledges and agrees that it is responsible for its own Profile.

(c) Users can access the App to communicate with other Users and obtain or provide Employment Opportunities.

(d) If a Candidate contacts a Business and requests Business Services, any agreement entered into is between the Candidate and Business. QuikShift is not a party to the agreement.

(e) Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. QuikShift cannot guarantee that other Users have genuine intentions.

(f) Each User should report to QuikShift, any activities or requests of Users which are, or which the User reasonably believes to be:
i. suspicious;
ii. inconsistent;
iii. illegal; or
iv. likely to have a negative effect on the reputation of QuikShift, the App, Services and/or a User.

(g) Each User acknowledges and agrees that while the App allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.

(h) Each User represents and warrants that any content that it provides and Profile and Listing that it posts:
i. will not breach any agreements it has entered into with any third parties;
ii. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and
iii. will not conflict with the rights of third parties.

(i) For the avoidance of doubt, QuikShift assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.

(j) QuikShift reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Profile and/or Listing for any reason, including Accounts and/or Profiles and/or Listings that QuikShift, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the App or Services.

5. Ratings and Reviews
(a) Users may rate a Profile or Listing (Rating), which determines the popularity of individual Profiles or Listings. Candidates may also provide feedback to Businesses regarding Businesses Employment Opportunities obtained by that Candidate (Review). Businesses may also provide feedback to Candidates regarding the quality of services provided by a Candidate.

(b) Ratings and Reviews of a Business can be viewed by any User. Ratings and Reviews will remain viewable until the relevant Business’s Account, Profile and Listing is removed or terminated.

(c) Candidates must provide true, fair and accurate information in their Review.

(d) If, in QuikShift’s reasonable assessment, the Review is untrue, unfair, inaccurate, offensive or inappropriate, QuikShift may delete the Review or ban the User from posting the Review. QuikShift does not undertake to review each Review made by a User.

(e) To the fullest extent permitted by law, QuikShift is not responsible for the content of any Reviews.

6. Forums
(a) The App has a forum on which Members are able to communicate.

(b) QuikShift asks Users to limit their discussions to topics which are relevant to QuikShift’s App and Services.

(c) QuikShift reserves the right to remove any posts by Users which QuikShift, at its sole discretion, deems to be inappropriate.

(d) Users acknowledge and agree that they are not permitted to post posts which contain foul language, illegal material, defamatory comments, business advertisements, spam, religious debates, comments which incite fear, and/or any form of abuse, insults or personal attacks.

7. Employment Opportunities
(a) The Business and Candidate are to arrange any Employment Opportunities and the associated terms and conditions. QuikShift is not involved in the provision of these services.

8. Payments
(a) Businesses are required to pay the fees as set out on the App (Fees).

(b) Businesses are required to pay registration fees as set out on the App (Registration Fees).

(c) If a Business features a Listing on the App, they must pay the applicable Listing Fee as set out on the App (Listing Fees).

(d) Each Business agrees to pay any Fees in the currency specified on the App, at the time that it creates a Business Profile and/ or creates a Listing.

(e) Goods and Services Tax (GST) will be charged where applicable.

(f) The User may pay for the Services by debit or credit card. The payment will be processed via Stripe upon receipt of the request for a registration and/or Listing. The User must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. If a User’s payment is not able to be successfully processed then the request for registration and/or a Listing may be cancelled.

(g) In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel its purchase for any reason and further each User agrees to satisfy all such payments made.

(h) If the User provides details of a debit or credit card, the User warrants that the information provided to QuikShift is true, accurate and complete, that the User is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the User will maintain sufficient funds in the account to cover the purchase price.

(i) Nothing prevents QuikShift from taking any action necessary to recover any unpaid fees. If the User fails to pay, the User’s information will be passed on for collection and or legal action. The User acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the User at any time exceeds QuikShift’s payment terms and as a result are passed on for collection and or legal action, QuikShift may place a default against the User with a credit reporting agency.

(j) QuikShift’s pricing structure or payment methods may be amended from time to time at its sole discretion. After a pricing change, each User has the choice to continue using the App, or to cease to use the App without penalty.

9. Offers and Promotions
(a) QuikShift may, from time to time, make offers or promotions which may be applicable to the Services.

(b) The conditions of such offers or promotions will be specified on the App.

(c) The User acknowledges and agrees that QuikShift may, at its sole discretion, remove or extend any offers or promotions, and QuikShift will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.

10. Dispute Resolution
(a) By using our App and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Business, Candidate, or other third party, will be limited to a claim against the Business, Candidate or other third party, who caused harm to him or her. QuikShift encourages Users to communicate directly with the relevant Business, Candidate or third party to resolve any disputes.

(b) QuikShift welcomes feedback from its Users. QuikShift seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.

(c) If there are any complaints from a User, QuikShift will aim to respond and provide a suitable solution within 5 days. If a User is not satisfied with QuikShift’s response, the User and QuikShift agree to the following dispute resolution procedure:
i. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and QuikShift agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
ii. If a resolution cannot be agreed upon at the Initial Meeting, either the User or QuikShift may refer the matter to a mediator. If the User and QuikShift cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.

(d) Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.

11. Cancellation of Registration
(a) If a User wishes to cancel its registration, it will need to do so by writing an email to contact@quikshift.com.au. Users can also deactivate their Account at any time via the App.

(b) No refunds will be made upon cancellation.

(c) A User’s Profile data will be kept and used if the User decides to reactivate their Account.

12. Consumer Guarantees
(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer the User with rights, warranties, guarantees and remedies relating to the provision of Services by QuikShift to the User which cannot be excluded, restricted or modified (Statutory Rights).

(b) If the User is a consumer as defined in the ACL, the following notice applies to the User from QuikShift: “QuikShift guarantees that the Services supplied to the User are rendered with due care and skill; fit for the purpose that QuikShift advertises, or that the User has told QuikShift he, she or it is acquiring the Services for or for a result which the User has told QuikShift he, she or it wishes the Services to achieve, unless QuikShift considers and discloses that this purpose is not achievable; and will be supplied within a reasonable time. To the extent QuikShift is unable to exclude liability; QuikShift’s total liability for loss or damage suffered or incurred by the User from the Services is limited to QuikShift re-supplying the Services to the User, or, at QuikShift’s option, QuikShift refunding to the User the amount he, she or it has paid QuikShift for the Services to which his, her or its claim relates.”

(c) Nothing in these Terms excludes a User’s Statutory Rights as a consumer under the ACL. The User agrees that QuikShift’s liability for Services provided to Users who are defined as consumers is governed solely by the ACL and these Terms.

(d) QuikShift excludes all conditions and warranties implied by custom, law or statute except for the User’s Statutory Rights. Except for the User’s Statutory Rights, all material and work is provided to the User without warranties of any kind, either express or implied, and QuikShift expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

13. Intellectual Property
(a) All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the App and Services, the layout, appearance and look of the App, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the App is owned, controlled or licensed to QuikShift (or its affiliates and/or third party licensors as applicable).

(b) The User agrees that, as between the User and QuikShift, QuikShift owns or holds the relevant licence to all Intellectual Property rights in the App and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, App and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by QuikShift or the owner of the content.

(c) Some Intellectual Property used in connection with the App and Services are the trademarks of their respective owners (collectively Third Party Marks).

(d) QuikShift’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of QuikShift or the applicable trademark holder or Intellectual Property owner.

(e) Users of the App do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of QuikShift or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.

14. User Licence
(a) Subject to these Terms, QuikShift grants the User a personal, non-exclusive, nontransferable, limited and revocable licence to use the App and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the App and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without QuikShift’s prior written consent.

(b) The right to use the App and Services is licensed to the User and not being sold to the User. A User has no rights in the App and Services other than to use it in accordance with these Terms.

(c) This Agreement and User Licence governs any updates to, or supplements or replacements for the App and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

15. Permitted and Prohibited Conduct
(a) The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App and Services, or Intellectual Property.

(b) The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the App and Services.

(c) The User must not post, upload, publish, submit or transmit any content that:
i. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
ii. is fraudulent, false, misleading or deceptive;
iii. denigrates QuikShift, the App, Services, Businesses, or Candidates;
iv. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
v. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
vi. is violent or threatening or promotes violence or actions that are threatening to any other person; or
vii. promotes illegal or harmful activities or substances.

(d) In connection with the User’s use of the App and Services, the User may not and agrees that it will not:
i. use the App or Services for any commercial or other purposes that are not expressly permitted by these Terms;
ii. register for more than one Account or register for an Account on behalf of another individual and/or entity;
iii. use the Services to find a Candidate or Business and then complete, or assist another individual to complete, an arrangement independent of the Services in order to circumvent the obligation to pay any fees related to QuikShift’s provision of the Services;
iv. post any Review or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or
religious ranting or discrimination or defames another User, Profile or Listing;
v. submit any false or misleading information;
vi. as a Business, offer any Employment Opportunity that it does not intend to honour or cannot provide;
vii. as a Candidate, make any offers to the Businesses that it does not intend to honour;
viii. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
ix. copy, store or otherwise access any information contained on the App and Services or content for purposes not expressly permitted by these Terms;
x. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
xi. use the App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
xii. use the App or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
xiii. stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the App;
xiv. use, display, mirror or frame the App, or any individual element within the App, Services, QuikShift’s name, any QuikShift trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without QuikShift’s express written consent; or
xv. advocate, encourage, or assist any third party in doing any of the foregoing.

16. User Content
(a) Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the App and Services, the User grants to Quik Shift a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the App and Services.

(b) The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the App and Services. The User represents and warrants that:
i. it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the App and Services, or that it has all rights, licences, consents and releases that are necessary to grant to QuikShift the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
ii. neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or QuikShift’s use of the User Content (or any portion thereof) on, through or by means of the App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(c) QuikShift may at its sole discretion remove any User Content that is offensive or in breach of these Terms.

17. Disclaimers
(a) QuikShift does not guarantee that Business Services or Employment Opportunities will be requested by any Candidate, nor does QuikShift guarantee that Candidates will be able to find desirable Businesses and Employment Opportunities.

(b) QuikShift does not endorse any Business, Candidate, Profile, Listing, Business Service or Employment Opportunity. QuikShift requires Businesses and Candidates to confirm that they have provided accurate information. QuikShift does not perform any sort of background checks of Businesses and Candidates, and does not confirm, any Business or Candidate’s identity, Profile, Listing, and/or Employment Opportunity.

(c) QuikShift cannot and does not control the content contained in any Profiles or Listings or the condition, legality or suitability of any Business Employment Opportunities. Candidates are responsible for determining the identity and suitability of Businesses that they contact via the Services and the Employment Opportunity.

(d) QuikShift accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the App. QuikShift disclaims any and all liability related to any and all Candidates, Businesses, Profiles, Listings and Employment Opportunities.

(e) QuikShift recommends all Businesses check the identification of any Candidate prior to the engagement of the Candidates Services. QuikShift also recommends all Candidates exercise due skill and care in verifying the identity of any Businesses prior to the provision of their Services.

(f) By using the App or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Businesses or Candidates or other third parties will be limited to a claim against the Business or Candidate or other third party who caused it harm. QuikShift encourages the User to communicate directly with the relevant Business or Candidate on the App and Services regarding any communications or arrangements made between them and to resolve any dispute between them.

(g) To the fullest extent allowable under applicable law, QuikShift disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the App or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.

(h) For the avoidance of doubt, QuikShift is not responsible for any duties, fees, taxation, industrial relations, visa or immigration matters associated under these Terms. QuikShift advises that all Users using the App and Services should seek advice in relation to these matters.

(i) Each Business and Candidate who uses the App and the Services does so at their own risk.

(j) QuikShift excludes all express and implied conditions and warranties, except for the User’s Statutory Rights, to the fullest extent permitted by law, including but not limited to:
i. QuikShift expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
ii. QuikShift does not warrant that the App, the Services, content on the App (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the App or the Services will be error free, that any defects will be corrected or that the App or the server which stores and transmits material to the User is free of viruses or any other harmful components;
iii. QuikShift takes no responsibility for, and will not be liable for the App, the Services, the Businesses, the Candidates, Business Services and Employment Opportunities being unavailable, of a particular standard of workmanship, failing to meet the Profile description, failing to meet the Listing description, failing to meet the User’s needs, or being of less than merchantable quality; and
iv. QuikShift will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the App, Services, content on the App, inability to access or use the App, the Services, any Profile, any Listing, the Business Services, any Employment Opportunities or the Terms, even if QuikShift was expressly advised of the likelihood of such loss or damage.

(k) The User agrees not to attempt to impose liability on, or seek any legal remedy from QuikShift with respect to such actions or omissions.

18. Limitation of Liability
(a) To the extent permitted by law, QuikShift’s total liability arising out of or in connection with the App, the Services or the Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to QuikShift re-supplying the Services to the User, or, at QuikShift’s option, QuikShift refunding to the User the amount it paid for the Services to which its claim relates. QuikShift’s total liability to the User for all damages in connection with the Services will not exceed the price paid by the User under these Terms for the 12 months period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made.

(b) The limitations of damages set forth above are fundamental elements of the basis of the bargain between QuikShift and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
(c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of QuikShift.

19. Indemnity
(a) Each User agrees to defend and indemnify and hold QuikShift (and QuikShift’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.

(b) QuikShift reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.

(c) This defence and indemnification obligation will survive these Terms and the User’s use of the App or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by QuikShift without restriction.

20. General
(a) Accuracy: While QuikShift will endeavour to keep the information up to date and correct, QuikShift makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the App for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and QuikShift expressly excludes any liability for such to the fullest extent permissible by law.

(b) Termination: QuikShift reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the App, if the User commits a non-remediable breach or a remediable breach that is not remedied within 5 days, in its sole discretion. If QuikShift decides to terminate a User’s Account any of the following may occur, with or without notice to the User:

(i) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the App, Services, its Account or its User Content;

(ii) any pending or future Listing in respect of a Business will be immediately terminated;

(iii) QuikShift may communicate to the relevant Business or Candidate that the Listing has been removed;

(iv) QuikShift may contact Candidates to inform them of potential alternative Employment Opportunities available from different Businesses on the App and Services ; and

(v) the User will not be entitled to any compensation for Listings that were cancelled as a result of a suspension, deactivation or termination of their Account.

(c) Fraudulent Activities: Each User acknowledges and agrees that, in the event QuikShift reasonably suspects that there are fraudulent activities occurring within the App and Services, QuikShift reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.

(d) Force Majeure: QuikShift will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.

(e) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.

(f) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by QuikShift of any of the Terms shall be effective unless QuikShift expressly states that it is a waiver and QuikShift communicates it to the User in writing.

(g) Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without QuikShift’s prior written consent.

(h) Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

(i) Jurisdiction and Applicable Law: These Terms, use of the App, the Services and any dispute arising out of any User’s use of the App or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. QuikShift makes no representation that the content of the App complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the App from outside Australia, it does so at its own risk and are responsible for complying with the laws in the place where he/she accesses the App.

(j) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between QuikShift and each User, and supersede any prior agreement, understanding or arrangement between QuikShift and each User, whether oral or in writing.

 

For questions and notices, please contact:
Quik Shift Pty. Ltd. ABN 76 614 780 899
Email: contact@quikshift.com.au
Last update: 20 August 2018

Quik Shift Pty Ltd owns the copyright in this document and use without permission is prohibited.