Legal

AGREEMENT TO THESE TERMS

1. These Platform Terms of Use (Terms) govern your access to and use of the CrewD platform, including our website, our mobile application and the related services that link to these Terms (Platform), provided by CrewD Pty Ltd (ABN 39 698 048 270) (CrewD, we, us or our).

2. By creating an account, clicking "I accept" (or a similar acceptance prompt), or otherwise accessing or using the Platform to post, apply for or take up work, you agree to be bound by these Terms. These Terms take effect on the date you first accept them or use the Platform. Joining our waitlist does not by itself require you to accept these Terms; the waitlist is governed by our Privacy Policy, and you may separately consent to receive launch and product emails when you join.

3. If you do not accept these Terms, you must not access or use the Platform.

4. These Terms apply to all users of the Platform. Some provisions apply specifically to users who use the Platform to post work and hire (Employers) and some apply specifically to users who use the Platform to find and take up work (Tradies), as indicated. A reference to a User is a reference to any Employer or Tradie.

5. Where you accept these Terms on behalf of a business or other entity, you warrant that you have authority to bind that entity, and a reference to "you" is a reference to both you and that entity.

6. We may update these Terms from time to time by publishing the updated Terms on the Platform and giving you reasonable prior notice of any material change, being at least 14 days' notice unless a change is required sooner by law or to address a security or legal risk. If you do not agree to an update, you may stop using the Platform and close your account before the change takes effect. If you continue to use the Platform after the change takes effect, you are taken to have accepted the updated Terms.

INTERPRETATION

1. Capitalised terms used in these Terms have the meanings given to them in clause 24 or where defined inline in these Terms.

2. In these Terms, unless the context otherwise requires:

   1. words in the singular include the plural and vice versa;

   2. a reference to a person includes any individual, company, partnership, trust, association or other entity;

   3. a reference to a party includes that party's successors and permitted assigns;

   4. a reference to a statute includes any amendment, re-enactment, subordinate legislation or replacement of that statute;

   5. "includes" and similar expressions are not words of limitation;

   6. headings are for convenience only and do not affect interpretation; and

   7. a reference to $ or dollars is to Australian dollars.

THE PLATFORM AND OUR ROLE AS INTERMEDIARY

1. The Platform is an online construction hiring platform that connects Employers who post work with Tradies who are looking for work. Employers can create business profiles, post jobs and projects, receive applications, send offers and manage confirmed hires. Tradies can create a Crew Card, browse opportunities, apply for work, receive offers and manage confirmed work.

2. We provide the Platform as an intermediary and venue only. We are not a party to, and take no part in, any dealing, arrangement, engagement, contract or work between an Employer and a Tradie. Any engagement between an Employer and a Tradie, including its terms, performance, supervision and payment, is solely a matter between the Employer and the Tradie.

3. We are not, and do not act as, and nothing in these Terms or your use of the Platform makes us:

   1. an employer of any Tradie, any Employer or any of their personnel;

   2. a labour hire provider or labour hire agency;

   3. a recruitment, placement or employment agency acting as principal;

   4. a contractor, subcontractor or principal in respect of any work;

   5. an industrial association or a bargaining or industrial representative of any User; or

   6. a payroll, payment, invoicing or wage intermediary.

4. We do not employ Tradies. We do not engage Tradies as contractors, and we do not process, collect, hold, pay or become liable for any wages, fees, invoices, superannuation or other payments between Employers and Tradies. We do not supervise, direct or control any work, and we are not responsible for work health and safety at any workplace.

5. We do not guarantee, and give no assurance, that any job, project, post, application, offer, hire, Employer, Tradie, qualification, licence or item of User Content is genuine, accurate, complete, lawful, safe or suitable. We do not guarantee that any Employer will offer work or that any Tradie will accept or perform work.

6. Each Employer and Tradie is responsible for determining the nature of their own relationship with each other, including whether it is employment, contracting or labour hire, and for complying with all laws applicable to that relationship, including laws relating to work health and safety, workers compensation, superannuation, taxation, industrial relations, licensing and labour hire. Each Employer and Tradie is responsible for putting in place any agreement they require to govern their engagement.

ELIGIBILITY AND ACCOUNTS

1. To use the Platform you must be at least 16 years of age and have the legal capacity to enter into these Terms. If you are 16 or 17 years of age, you may use the Platform only as a Tradie, and only if a parent or guardian has reviewed and agreed to these Terms, consents to your use of the Platform and agrees to be responsible for your use of it. We may ask you to provide evidence of that consent, and we may decline or close an account if it is not provided. Where an Employer engages a Tradie who is under 18, the Employer is responsible for complying with all laws that apply to engaging a worker of that age, including any child employment, apprenticeship, supervision and work health and safety requirements. You must use the Platform only for genuine and lawful purposes connected with construction hiring.

2. You may need to register for an account to use some features of the Platform. You must provide accurate, current and complete information when you register and keep that information up to date.

3. You are responsible for keeping your account credentials secure and confidential, and you are responsible for all activity that occurs under your account. You must notify us promptly if you become aware of any unauthorised access to or use of your account.

4. You must not create more than one account without our consent, and you must not share, sell, transfer or allow another person to use your account or profile.

5. We may refuse to provide, or may suspend, restrict, deactivate or close, an account in accordance with clause 17.

EMPLOYERS

1. This clause applies to Employers. Before an Employer can publish opportunities, send offers or confirm hires, the Employer must complete the business and ABN verification we require, subject to clause 7.

2. An Employer warrants that its business details, including its business or company name and ABN or ACN, are true, current and complete, and that the individual accepting these Terms is authorised to act for the business.

3. An Employer is responsible for the jobs and projects it posts, including ensuring that each post is genuine, accurate, lawful and not misleading, and that the Employer is entitled to offer the work.

4. An Employer is responsible for making its own enquiries about, and satisfying itself as to, the identity, qualifications, licences, competency and suitability of any Tradie before making an offer or engaging the Tradie, and for the terms and conduct of any engagement.

TRADIES

1. This clause applies to Tradies. A Tradie may create a Crew Card and may upload licences, qualifications, tickets, White Cards and certificates for verification. A Tradie may browse opportunities before completing a Crew Card, but must complete the minimum required Crew Card information before applying for work.

2. A Tradie warrants that all information provided in a Crew Card or application, and every licence, qualification, ticket, White Card and certificate uploaded, is true, current, complete and genuine, is validly issued to and held by the Tradie, and is not suspended, cancelled or expired.

3. A Tradie is responsible for holding, maintaining and renewing every licence, qualification, ticket and White Card required for any work the Tradie applies for or performs, and for complying with all laws and licensing requirements applicable to that work.

4. A Tradie is responsible for the applications the Tradie makes and for the work the Tradie agrees to perform, and deals with each Employer directly once a hire is confirmed.

VERIFICATION OF BUSINESS DETAILS, LICENCES AND QUALIFICATIONS

1. The Platform offers functionality to verify Employer business and ABN details and Tradie licences, qualifications, tickets, White Cards and certificates, and to display a verification status on a profile or Crew Card. By providing information for verification, you consent to us verifying it, which may include checking the information with the relevant issuing body, a public register, such as ABN Lookup or a licensing or registration authority, or a third-party verification provider.

2. A verification status means only that we, or a provider engaged by us, carried out a check of the stated kind at a point in time. A verification status is not, and must not be relied on as, a representation, warranty or guarantee by us of a person's identity, competency, skill, character or suitability, or of the accuracy, validity, currency or ongoing status of any licence, qualification, ticket, White Card, certificate or business detail. We do not warrant that verified information is accurate or that it remains current.

3. We are not obliged to verify any information, and we are not obliged to monitor, re-check or notify any person of the expiry, suspension, cancellation or variation of any licence, qualification, ticket, White Card, certificate or business detail after it has been verified. Responsibility for maintaining and updating that information remains with the Tradie or Employer who provided it.

4. Each Employer remains responsible for making its own enquiries and satisfying itself as to a Tradie's identity, qualifications, licences and suitability before making an offer or engaging the Tradie. A verification status displayed on the Platform does not remove or reduce that responsibility.

JOBS, APPLICATIONS, OFFERS AND CONFIRMED HIRES

1. Employers may post jobs and projects, and Tradies may apply for them, through the Platform. An offer and its acceptance are made through the Platform, and a Confirmed Hire occurs when an offer is accepted and the hire is confirmed on the Platform.

2. Contact Details are protected and are not disclosed between an Employer and a Tradie until an offer has been accepted and the hire confirmed. After a Confirmed Hire, the Employer and Tradie can contact and deal with each other directly.

3. We are not a party to, and give no assurance about, any post, application, offer, Confirmed Hire or the engagement that results from it. Once Contact Details are released, the Employer and the Tradie deal with each other directly, and any engagement between them, including its terms, performance and payment, takes place directly between them and off the Platform. The Platform continues to record and make available certain information relating to a Confirmed Hire, such as the fact of the hire, the confirmed work and relevant dates, completion status and any Reviews. We are not responsible for the conduct, performance, payment, non-payment, or any act or omission of any User, or for any dispute between Users, whether arising on or off the Platform. This clause is subject to clause 3.

USER CONTENT

1. User Content means the profiles, Crew Cards, business details, job and project posts, applications, Reviews, images, files, communications and other content that you submit to or through the Platform.

2. You retain ownership of your User Content. You grant us a non-exclusive, royalty-free, worldwide, sub-licensable licence to host, store, use, reproduce, adapt, publish, display and distribute your User Content to the extent reasonably necessary to operate, provide, promote and improve the Platform, including displaying your User Content to other Users as the Platform is designed to do. This licence continues in respect of User Content that remains on the Platform after your account is closed, such as Reviews.

3. You represent and warrant that:

   1. you own, or have all rights, consents and permissions necessary to submit, your User Content and to grant the licence in this clause;

   2. your User Content is accurate and not misleading, and does not infringe the Intellectual Property Rights or other rights of any person;

   3. your User Content does not breach any law and does not contain any harmful, discriminatory, defamatory, offensive or unlawful material or any virus or harmful code; and

   4. you have made any disclosures and obtained any consents required for us to handle any personal information contained in your User Content as contemplated by these Terms and our Privacy Policy.

4. We may, but are not obliged to, monitor, review, moderate, refuse, edit, restrict or remove User Content, and we may remove User Content and suspend or restrict an account in accordance with clause 17. You are responsible for your User Content.

REVIEWS, RATINGS AND REPUTATION

1. The Platform includes reviews, ratings and reputation features (Reviews). When you post a Review, you must have had genuine, firsthand dealings with the User you are reviewing, and your Review must be honest and must not be false, misleading, defamatory, discriminatory, harassing or offensive.

2. You must not post a Review in which you have a conflict of interest, offer or accept any incentive or benefit for a Review, or organise or take part in a campaign to post Reviews, whether positive or negative.

3. Reviews reflect the views of the User who posted them and do not represent our views. We do not endorse any Review, we do not guarantee the accuracy of any Review, and we are not responsible for any Review. We may, but are not obliged to, moderate or remove Reviews, including Reviews that breach this clause.

REPORTING, MODERATION AND ACCEPTABLE USE

1. The Platform provides functions to report Users, content or conduct. We may investigate reports and take the action we consider appropriate, including under clause 17, but we are not obliged to do so.

2. You must not, and must not attempt to or permit any other person to:

   1. use the Platform for any unlawful, fraudulent, misleading or harmful purpose, or in breach of any law;

   2. post or provide any false, misleading or deceptive information, including any false or misleading job, project, profile, Crew Card, qualification or Review;

   3. impersonate any person or misrepresent your identity, business or affiliation, or your entitlement to offer or perform work;

   4. harass, abuse, threaten, defame or discriminate against any person;

   5. use Contact Details or any other information obtained through the Platform for any purpose other than a genuine engagement facilitated by the Platform, including to send unsolicited commercial messages;

   6. collect, scrape, harvest or data-mine information or content from the Platform, except as the Platform is designed to allow;

   7. introduce any virus or harmful code, or interfere with, disrupt or place an unreasonable burden on the Platform or its security or integrity;

   8. circumvent, disable or interfere with any security or access-control feature of the Platform;

   9. reverse engineer, decompile or disassemble any part of the Platform, or attempt to derive its source code, except to the extent this restriction cannot lawfully be excluded;

   10. infringe the Intellectual Property Rights or other rights of any person; or

   11. use the Platform, or any of our Intellectual Property Rights, to build or assist another person to build a product or service that competes with the Platform.

3. We may moderate the Platform, investigate suspected breaches, and remove content or restrict access, in order to protect Users, the Platform and our rights.

INTELLECTUAL PROPERTY

1. All Intellectual Property Rights in the Platform, including its software, design, content, and our name, logos and marks, are and remain owned by or licensed to us. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose. You do not acquire any Intellectual Property Rights in the Platform under these Terms, and you must not use our name, logos or marks without our prior written consent.

2. Ownership of, and the licence you grant in, your User Content are dealt with in clause 9.

3. If you give us any feedback, comments, suggestions or ideas about the Platform, you assign to us all present and future Intellectual Property Rights in that feedback, with that assignment taking effect on the creation of each such right, and we may use that feedback for any purpose without restriction and without any obligation to you.

4. We may create, use and retain de-identified and aggregated data derived from use of the Platform for any purpose, provided that data does not identify you or any other individual.

PRIVACY AND ELECTRONIC COMMUNICATIONS

1. We collect, use and disclose personal information in accordance with our Privacy Policy, which is available on the Platform and incorporated into these Terms by reference. By using the Platform, you agree to our handling of personal information in accordance with the Privacy Policy.

2. You consent to receiving communications from us electronically, including by email and through the Platform, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. Service and account communications are a necessary part of using the Platform.

3. We may send you marketing communications where you have consented, such as by joining our waitlist or by separately opting in to marketing, or where we are otherwise permitted to do so. Creating an account is not by itself consent to receive marketing, and you may use the Platform without agreeing to receive it. Every marketing message will include a functional unsubscribe facility, and you may opt out of marketing at any time. We will comply with the Spam Act 2003 (Cth). Opting out of marketing does not affect service and account communications.

THIRD-PARTY SERVICES AND CONTENT

1. The Platform may link to, or make available, websites, applications, services or content operated by third parties. We do not control and are not responsible for third-party websites, services or content, and their availability on or through the Platform is not an endorsement. If you access a third-party website or service, you do so at your own risk and subject to that third party's terms.

FEES

1. The Platform is currently provided to Employers and Tradies free of charge. We do not currently charge fees for access to or use of the Platform, and we do not process wages or payments between Employers and Tradies, consistent with clause 3.

2. We may introduce fees or charges for some features of the Platform in the future (Fees). If we do, we will give you reasonable prior notice and will set out the applicable Fees before they take effect. You will not be charged for a paid feature unless you choose to use it after the Fees take effect. Any Fees will be stated inclusive of Goods and Services Tax (GST) where GST applies.

3. If we introduce Fees, payment may be processed by a third-party payment provider on that provider's terms, and we will not store your full payment card details. Nothing in this clause requires you to pay for any feature you do not choose to use.

AVAILABILITY AND CHANGES TO THE PLATFORM

1. We may update, modify, add to or remove features of the Platform from time to time. We will use reasonable endeavours to give notice of changes that materially affect your use of the Platform.

2. The Platform is provided on an "as is" and "as available" basis. We do not guarantee that the Platform will be available at all times, uninterrupted or free from errors or defects, and we may carry out maintenance or suspend the Platform from time to time. We will use reasonable endeavours to minimise disruption.

3. You acknowledge that the Platform is being launched and may include early access or new features that are still in development. Those features may be unstable or incomplete, may change or be withdrawn, and data associated with them may be lost. To the maximum extent permitted by law, we do not guarantee any particular level of availability or any minimum retention of data for those features.

SUSPENSION AND DEACTIVATION

1. We may suspend, restrict, deactivate or close your account, and remove your User Content, where:

   1. you breach these Terms, our Privacy Policy or any law, or we reasonably believe you have;

   2. information you have provided is false, misleading or incomplete, or verification of your details is unsuccessful;

   3. your conduct is, or we reasonably believe it may be, harmful to other Users, to us or to the Platform;

   4. it is reasonably necessary to protect the security or integrity of the Platform;

   5. we are required to do so by law, regulation or court order; or

   6. your account remains inactive for an extended period.

2. We will give you notice of a suspension, deactivation or closure, and the reason for it, where it is reasonable to do so. Where immediate action is required for security, legal or user-safety reasons, we will notify you as soon as practicable afterwards. A decision to suspend, deactivate or close your account is not made solely by automated means and involves human review.

3. You may close your account at any time through the Platform or by contacting us. On suspension, deactivation or closure of your account, your licence to use the Platform ceases and you must stop using the Platform. We handle personal information after closure in accordance with our Privacy Policy, and User Content you have contributed, such as Reviews, may remain on the Platform.

DISCLAIMERS

1. To the maximum extent permitted by law, and subject to clause 19, the Platform and all content on it are provided on an "as is" and "as available" basis, and we exclude all warranties, representations and guarantees that are not expressly set out in these Terms.

2. To the maximum extent permitted by law, we give no warranty and make no representation about:

   1. any Employer, Tradie, job, project, post, application, offer or Confirmed Hire;

   2. the identity, character, qualifications, licences, competency, suitability or conduct of any User;

   3. the accuracy, currency, completeness or genuineness of any User Content, profile, Crew Card, verification status or Review; or

   4. the quality, safety, legality, timeliness or outcome of any engagement or work between Users.

3. You deal with other Users at your own risk. You are responsible for making your own enquiries, taking your own precautions, and satisfying yourself about any other User and any engagement before you proceed.

AUSTRALIAN CONSUMER LAW

1. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), or any other right or remedy you have under a law that cannot lawfully be excluded, restricted or modified (Non-excludable Right).

2. To the extent that we are entitled under the ACL to limit our liability for a failure to comply with a consumer guarantee, our liability for that failure is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

LIMITATION OF LIABILITY

1. Nothing in this clause limits or excludes any liability that cannot be limited or excluded by law, including liability for a Non-excludable Right, for fraud, or for death or personal injury caused by our negligence.

2. Subject to clause 20.1, and to the maximum extent permitted by law, we are not liable to you for any indirect, incidental, special or consequential loss or damage, or for any loss of profit, revenue, business, opportunity, goodwill, data or anticipated savings, however arising.

3. Subject to clause 20.1, and to the maximum extent permitted by law, we are not liable for any loss or damage arising from or in connection with:

   1. any dealing, engagement, contract or work between an Employer and a Tradie, or the conduct, acts or omissions of any User;

   2. any payment or non-payment between Users, or the performance or non-performance of any work;

   3. your reliance on any User Content, profile, Crew Card, verification status or Review; or

   4. any unauthorised access to or use of your account arising from your failure to keep your credentials secure.

4. Subject to clause 20.1, and to the maximum extent permitted by law, our total aggregate liability to you under or in connection with these Terms and your use of the Platform, however arising, is limited to the greater of the total Fees (if any) paid by you to us in the 12 months before the event giving rise to the liability, and AUD $100.

INDEMNITY

1. You indemnify us and our personnel against all loss, damage, liability, cost and expense that we reasonably incur arising from or in connection with:

   1. your User Content or your use of the Platform;

   2. your infringement of the intellectual property rights or privacy of any person; or

   3. any dealing, engagement or dispute between you and another User.

2. Your liability under this clause is reduced to the extent that our negligence or breach of these Terms caused or contributed to the relevant loss, damage, liability, cost or expense.

DISPUTE RESOLUTION

1. A dispute between Users about an engagement, work, payment or conduct is a matter between those Users. We are not responsible for resolving it, although we may, but are not obliged to, provide information or assistance.

2. If a dispute arises between you and us under or in connection with these Terms, the party raising it must give the other written notice describing the dispute. The parties must then attempt in good faith to resolve the dispute, and a senior representative of each party must confer within 10 Business Days of the notice.

3. If the dispute is not resolved within 20 Business Days of the notice, either party may refer it to mediation administered by the Australian Disputes Centre in accordance with its guidelines. Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief from a court.

GENERAL

1. These Terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.

2. Any notice under these Terms must be in writing and may be given by email to the address associated with your account or as otherwise notified, or, to us, using the contact details in clause 23.10.

3. These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Platform and supersede any prior representations or agreements about it.

4. We may update these Terms in accordance with clause 1.6. No other variation of these Terms is effective unless we agree to it in writing.

5. A failure or delay by a party in exercising a right under these Terms is not a waiver of that right, and a waiver is only effective if given in writing.

6. If any provision of these Terms is or becomes invalid, illegal or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue in full force.

7. You must not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to a related body corporate or to a successor in connection with a sale of our business or assets, on reasonable prior notice to you.

8. Neither party is liable for any failure or delay in performing its obligations under these Terms (other than an obligation to pay money) to the extent caused by an event beyond its reasonable control, provided it takes reasonable steps to overcome the event.

9. Nothing in these Terms creates any partnership, joint venture, employment or agency relationship between you and us.

10. You can contact us about these Terms at CrewD Pty Ltd, 65 Walkers Lane, Bright VIC 3741, Australia, or by email at contact@crewd.com.au.

11. The following clauses survive expiry or termination of these Terms, together with any other clause which by its nature is intended to survive: clauses 3, 7, 9, 12, 13, 18, 19, 20, 21 and 24.

DEFINITIONS

1. In these Terms: