ACCEPTANCE OF TERMS

This site is owned and operated by Jobdroid Pty Ltd ACN [enter] (“we", “us”).

By registering as a candidate, you agree to be bound by the following agreement 

between you and us.  This agreement incorporates our privacy policy, and governs 

your access to and use of the Jobdroid Platform. 

2. DEFINITIONS AND INTERPRETATION

2.1 Definitions

Appendix or Appendices means an appendix or the appendices attached to this 

agreement as the case requires.

Business Day means a day other than a Saturday or Sunday or a public holiday in 

the jurisdiction of the party responsible for performing the relevant action.

Candidate means a party to this agreement, who has registered themselves as a 

candidate on the Jobdroid Platform.

Candidate materials means any documentation you provide to us upon request, 

including documentation to verify your identity, licensing, insurance or competency.

Force Majeure means an act of God, war, terrorism, hacking, sabotage, industrial 

disturbance, infrastructure failure, internet outage, or government intervention which:

(a) is unforeseen by the affected party;

(b) is beyond the control of the affected party; and

(c) occurs without the fault or negligence of the affected party.

Intellectual Property means all industrial and intellectual property rights including, 

without limitation, trade marks, patents, copyrights, circuit layout rights, right to 

extract information from databases, design rights, trade secrets, and all forms of 

protection of a similar nature or having similar effect to any of them which may 

subsist anywhere in the world (whether or not any of them are registered and 

including applications and the right to make applications for registration of any of 

them) other than moral rights.

Party means a party to this agreement.

Privacy policy means our privacy policy as set out in Appendix A.

Profile means any statements, information or representations you make on the 

Jobdroid platform about yourself.

Jobdroid means Jobdroid Pty Ltd.

Jobdroid Platform means the website which may be accessed at 

www.Jobdroid.com.au.

Labour hire candidate means a candidate who has elected to be listed in a 

directory for labour hire positions from time to time, in accordance with the labour 

hire terms.

Labour hire terms means the additional terms applicable to labour hire candidates, 

as set out in Appendix B.

Support email means support@jobdroid.com.au.

1.2 Interpretation

(a) In this agreement unless repugnant to the sense or context, reference to:

(b) A provision of this agreement must not be construed to the disadvantage of a 

(c) Where the day on or by which any thing is to be done is not a business day, 

(i) one gender includes the others;

(ii) the singular includes the plural and the plural includes the singular;

(iii) a person includes a body corporate;

(iv) a party includes the party’s executors, administrators, successors and 

permitted assigns;

(v) a statute, regulation or provision of a statute or regulation includes any 

relevant later amendments or re-enactments;

(vi) money refers to Australian dollars, unless otherwise stated; and

(vii) “Including” and similar expressions are not words of limitation.

party merely because that party was responsible for the preparation of this 

agreement or the inclusion of the provision in it.

that thing must be done on the next business day.

2. TERM

2.1 Commencement and Duration

This agreement is binding on you from the date that you register as a candidate 

(your registration date) and continues until it is terminated in accordance with the 

provisions of this agreement.

2.2 Jobdroid Platform Access

From the registration date and subject to the provisions of this agreement, we grant 

you a non-exclusive licence to use the Jobdroid platform to set up your profile to:

(a) have your profile published on the Jobdroid platform; and/or

(b) elect to be listed as a labour hire candidate,

depending on the preferences you select through the Jobdroid platform from time to 

time. 

3. LABOUR HIRE - DRIVER RECRUITMENT

If you elect to be listed as a labour hire candidate at any time, then you agree and 

acknowledge that in addition to these terms, you are also agreeing to Labour Hire 

Terms, as set out in Appendix B.

4. OUR RELATIONSHIP WITH YOU

4.1 The Jobdroid platform

For the duration of this agreement we will:

(a) host and maintain the Jobdroid platform;

(b) provide the following in relation to the Jobdroid platform:

(i) technical support by email to the support email; and

(ii) system upgrades.

4.2 No Affiliation/Recommendation

(a) Inclusion of your profile on the Jobdroid platform does not imply:

(i) that we recommend or endorse you; or

(ii) that you have complied with any or all relevant laws, regulations or 

industry codes.

representation about any other user of the Jobdroid platform. 

(b) Similarly, we do not recommend, nor do we make any recommendation or 

4.3 Rejection, Cancellation or Suspension

Your profile is subject to our approval. We reserve the right to suspend or reject 

profiles or request amendments if any part does not meet our requirements for 

inclusion on the Jobdroid platform at any time, or if we have reason to suspect that 

you have breached any of your obligations or warranties under this agreement.

4.4 Changes

We may amend these terms at any time by 30 days’ written notice to you. If you do 

not agree with any proposed amendments, you may cancel your registration at any 

time prior to the effective date of the notice. Your continued use of the Jobdroid 

platform after the effective date of the notice constitutes your acceptance of the 

amendments set out in the notice.

5. YOUR OBLIGATIONS

5.1 Your profile

(a) You must maintain your profile via the Jobdroid platform, and ensure that it 

is accurate and up-to-date at all times during this agreement. 

(b) You must keep your Jobdroid platform login id and password confidential 

(c) You warrant that your profile:

and secure, and not disclose it to anyone.

(d) All ownership in candidate materials forming part of your profile remains 

(i) is true and submitted in good faith;

(ii) is your own (you are the candidate) and not that of another person;

(iii) does not contain anything defamatory or any malicious falsehood in 

relation to any product, service, person or corporation;

(iv) does not breach or infringe any third party’s intellectual property right 

or obligation of confidentiality; and

(v) complies with applicable legislation or regulations of the 

Commonwealth of Australia and state and territory legislation.

yours.  However, you agree that we may, subject to privacy restrictions you 

select via the Jobdroid platform from time to time:

(i) use such candidate materials as part of the Jobdroid platform;

(ii) disclose such candidate materials in accordance with our privacy 

policy;

(iii) use such candidate materials in  reasonable promotion and 

marketing of Jobdroid, both online and in other forms of marketing; 

and

(iv) allow us to sub-license others the same rights granted to us in this 

clause, for the purposes of carrying out our obligations under this 

agreement.

5.2 Contracts with employers

(a) You acknowledge and agree that you are contracting directly with each 

(b) If so engaged, you must provide your services in a professional and diligent 

employer who engages you via the Jobdroid platform. We are not a party to 

the transaction itself.

manner.

6. TERMINATION

6.1 Force Majeure

Neither party is liable for any delay or failure to perform its obligations under this 

agreement to the extent that such failure is caused by a force majeure event. 

However, nothing in this clause excuses payment of any money due. We may 

suspend the services for the duration of any force majeure event.

6.2 Termination of agreement for default

Either party may end this agreement immediately by notice via email if:

(a) the other party fails to remedy a material breach despite receiving 3 days’ 

(b) if the other party is wound up or placed under official management, or stops 

(c) the other party commits fraud;

(d) if acting responsibly, one party deems the other party to be acting in a 

(e) if judgment is entered against the other party for more than $20,000.00, 

6.3 Termination for convenience

Either party may terminate this agreement at any time, for any reason, by 7 days’ 

notice via email to the other party.

7. TERMINATION CONSEQUENCES

7.1 Termination consequences

If this agreement is terminated for any reason then in addition to any other rights we 

may have:

(a) your right to use the Jobdroid platform or other intellectual property 

(b) we will immediately remove your profile from the Jobdroid platform.

However, termination of this agreement does not affect any then current contract of 

employment as defined by our labour hire terms.   

7.2 Archiving

We may retain records relating to your account and profile following termination of 

this agreement for any reason, in accordance with general legal and accounting 

requirements.

8. INDEMNIFICATION AND LIMITATION OF LIABILITY  

8.1 Indemnity

You release and indemnify us, our officers, employees and contractors against any 

action, proceeding, claim, demand or prosecution arising from or in connection with:

(a) your action, inaction, delay or breach of your obligations under this 

(b) indirect, special, economic or consequential loss or damage or loss of data or 

notice via email of its default;

trading, or commits an act of bankruptcy; 

grossly negligent manner; or

which remains unsatisfied or unappealed for more than 21 days.

belonging to us automatically ceases; and

agreement;

loss of revenue, profits, goodwill, bargain, savings or opportunities you suffer 

(c) your breach of any law or infringement of any third party rights including 

(d) your activity on the Jobdroid platform, or your instructions to us if they cause 

in any way related to the Jobdroid platform, even if we knew or should have 

known about the possibility of such loss;

without limitation intellectual property rights, privacy rights, or consumer 

protection laws;

us to be in breach of any law or infringement of any third party rights including 

intellectual property rights; and

reasons or non-payment.

(e) our reasonable actions in denying anyone access to our services for security 

8.2 Exclusion of warranty

To the extent allowable by law, you acknowledge that you have exercised your own 

judgement as to whether Jobdroid is suitable for you, and we do not make any 

warranty as to the likelihood of finding employment or contracting positions via the 

Jobdroid platform or as a labour hire candidate, nor as to the suitability, quality or 

timing of such employment, nor the level of remuneration you may receive. 

8.3 Limitation of Liability

(a) You release us, our officers, employees and contractors against any action, 

(b) Except in relation to liability for personal injury (including sickness and death), 

(c) You agree that under no circumstances will our total liability to you exceed 

(d) To the fullest extent allowable at law, we exclude all liability for:

proceeding, claim, demand or prosecution arising from or in connection with 

any quote or agreement between yourself and any other user of the Jobdroid 

platform.

or property damage, to the fullest extent allowable at law, our liability under 

this agreement for any defect in the Jobdroid platform or other services 

contemplated by this agreement, is limited to (at our election) provision of 

further services at no charge to rectify any defect, payment of the cost of 

rectifying any defect, or a refund of the amount you paid us for those services. 

$100.

(i) network interruptions or loss of data; and

(ii) indirect, special, economic or consequential loss including loss of 

revenue, profits, goodwill, bargain or opportunities that you suffer in 

any way, even if we knew or should have known about the possibility 

of such loss.

9. DISPUTE RESOLUTION

9.1 Mediation 

(a) If a dispute arises between the parties in relation to this agreement, either 

(b) The parties must refer the dispute to an independent mediator within 21 days 

(c) If the parties cannot agree on a suitable mediator, either party may contact 

party may give the other party a notice via email that they intend to arrange 

mediation (mediation notice).

of the deemed receipt of the mediation notice.

the Law Society in their state and request that they nominate a mediator, and 

such nomination will be binding on the parties.

(d) The costs of the mediation must be paid by the parties in equal shares.

9.2 Legal Proceedings

No party may commence court proceedings unless the dispute remains unresolved 

after 35 days from the date of the mediation notice provided under clause 9.1.

10. GENERAL

10.1 Assignment and Novation

We may assign or novate our rights and obligations under this agreement upon 7 

days’ notice via email to you.

10.2 Costs

You are responsible for all duties, charges and legal fees (on a solicitor and own 

client basis) incurred in enforcing this agreement.

10.3 Enduring Clauses

The parties’ obligations under clauses 7, 8, 9, and 10 shall survive the termination of 

this agreement for whatever reason.

10.4 Entire Agreement

This agreement (including any schedules and appendices), as amended from time to 

time in accordance with this agreement, contains the entire agreement between the 

parties.

10.5 Jurisdiction

The laws of Queensland, Australia apply to this agreement and the parties submit 

exclusively to the courts of that jurisdiction.

10.6 Severability

If any provision of this agreement is ruled by a court to be illegal, invalid, 

unenforceable or in conflict with any law, it is to be severed and will not affect the 

validity and enforceability of the remaining provisions.

10.7 Waiver

Any delay or failure to enforce any rights in relation to a breach by the other party will 

not be construed as a waiver of those rights.

Appendix A

Last modified: 22 August 2014

This Privacy Policy explains how Jobdroid collects, uses, and discloses your personal information. It 

also explains your rights and our processes to access, update and correct your details. By accessing 

our website, using our services, or providing any personal information to us, you agree to be bound 

by this privacy policy and consent to our use and disclosure of your personal information as 

explained within this policy.

If you have any questions about this privacy policy or our handling of your personal information, 

please contact [insert email contact].

Summary

? General Usage: We use your data to provide services and improve the website, software and 

services, subject to privacy settings you select for your profile. We may disclose your data to 

our service providers bound by confidentiality.

? Anonymity: You can access some functions of our website anonymously. However, to use 

the full functionality of the Jobdroid website you must become a registered user. 

? Marketing: We may send marketing materials to you unless you opt-out.

? No Data Sold: We will not sell, trade or rent your personal information to others. 

? Overseas Disclosure: All customer data is securely hosted in Australia. We use software and 

services from US companies to support our sales and administrative activities. 

? Access and Updates: You may request to access or update any personal information we hold 

about you by email to support@jobdroid.com.au

? Disclosure by Law: We may disclose your data where required by law or court order.

Personal Information

Personal Information in this privacy policy has the same meaning as in the Privacy Act 1988 (Cth). It 

includes any data from which an individual’s identity can be ascertained. The data need not be true, 

may be mere opinion, and need not be in writing.

General Use

All data and personal information we receive, including metadata generated through your access or 

use of the website, may be used to deliver and improve these services. We may use third party 

services or software in delivering the services to you, and may disclose your data for this purpose. 

We may use your personal information to provide you with services you elect to receive. 

If you elect to be listed on the Jobdroid Directory, we may, for example:

? use your contact details to keep you informed of new listings, and to provide technical 

support; 

? supply your contact details or make your profile visible to other users, subject to privacy 

options you have selected for your profile;

? [list any other common activities]

If you elect to be considered for labour hire positions, we may share your personal information with 

labour hire companies in accordance with the Labour Hire Terms.

Anonymity

You may interact with and use some parts of the website anonymously. However we require you to 

verify your identity to register and set up a profile.

As you access the website, we collect and use temporary session data (using cookies), which may 

include identifiers such as your IP address, to provide the website and services. 

Credit Card Data

Tba – may not be relevant to Candidates at all.

Marketing

If you subscribe to our mailing list, or purchase our products or services, we may use your contact 

details to send you marketing materials. You may opt-out at any time by notice by email to [insert 

email contact] or through the unsubscribe link found in all marketing emails we send.

We do not sell, trade or rent your contact details or other personal information to any third party 

other than as disclosed in this privacy policy. 

Overseas Data Disclosure

If you require more information please contact support@jobdroid.com.au

Access and Updates to Personal Information

You may request to access or correct personal information we hold about you by email to support@jobdroid.com.au There is no charge for making a request, however if we permit access, we reserve the right to charge a reasonable fee to cover our costs, assessed on a case by case basis. 

Disclosure by Law

We may use, modify, disclose or delete any data, including personal information, where required by 

law, binding regulation, or court order. 

Jurisdiction

The laws of the State of Queensland, Australia apply to this Privacy Policy and the parties submit 

exclusively to the courts of that jurisdiction in relation to any alleged breach of this policy.

Appendix B

THE PARTIES AGREE AS FOLLOWS:

1. ACCEPTANCE OF TERMS

1.1 Listing as candidate

(a) By agreeing to be listed as a candidate for labour hire jobs you agree to these 

(b) You agree that your profile and personal information may be disclosed to a number 

(c) You may at any time elect to de-list yourself as a labour hire candidate, via the 

terms relating to your listing as a labour hire candidate, in addition to your user 

agreement with Jobdroid Pty Ltd (“we”, “us”).

of labour hire companies, subject to any privacy options you have selected for 

your profile.

Jobdroid Platform. However, de-listing as a labour hire candidate does not 

affect the validity of any contract of employment you may already have entered 

into.

(d) These terms apply to:

(i) your listing as a labour hire candidate with us;

(ii) any offers of employment; and

(iii) any contracts of employment you enter from time to time pursuant to 

your listing as a labour hire candidate.

1.2 Successful match

If you are successfully matched with a labour hire job, you will receive a document from the 

relevant labour hire company offering you a position (offer of employment), which will 

contain the following details:

(a) Details of the relevant labour hire company (the employer);

(b) Details about the client you will be working for;

(c) Your start date;

(d) Your duties;

(e) Your pay rate;

(f) The location of the employment; and

(g) Any equipment that the employer or client will provide to you to use in the course of 

1.3 Acceptance of offer

If you accept an offer of employment, then these terms constitute the terms of your 

contract of employment with the employer listed in that offer of employment. 

employment (provided equipment).

Employment Agreement prepared by:

2. TERM OF EMPLOYMENT

Your employment under each contract of employment will commence on the applicable 

start date, and continue until validly terminated.

3. CONTRACT OF EMPLOYMENT

For each contract of employment:

(a) Your employment is on a casual basis.

(b) You must perform your duties, as reasonably directed by the employer or client.

(c) The employer may alter your position, duties, responsibilities or obligations as it 

(d) You must perform your duties at the location, or elsewhere as the employer or 

(e) You must ensure that you are available to perform your duties, and must not 

sees fit from time to time during your employment, having regard to your skills, 

training and experience, and the requirements of the client.

client reasonably directs, and must comply with the requirements of that 

premises (as notified to you), including any occupational health and safety 

requirements.

accept any other engagements that might conflict with or interrupt your duties.

4. YOUR OBLIGATIONS 

4.1 Performance

You must, for each contract of employment:

(a) perform all the duties to the best of your ability at all times; 

(b) follow the reasonable and lawful directions of the employer and client;

(c) attend meetings and training sessions as required by the employer or client 

(d) at all times:

where relevant;

(i) act diligently, ethically, soberly and honestly;

(ii) comply with all relevant occupational health and safety policies, and 

observe reasonable directions and policies in relation to security or use of 

any facilities or equipment;

(iii) comply with all relevant laws;

(iv) maintain any necessary qualification or accreditation required to perform 

the duties;

(v) not sexually harass, discriminate against, abuse or cause a nuisance to 

any other person, client or co-worker.

4.2 Indemnity

You indemnify the employer under each contract of employment against all claims, 

damages, costs and expenses that the employer suffers that are caused by your 

intentional wrongdoing.

5. PAY

5.1 Pay Rate

For each contract of employment:

(a) The employer will pay you the pay rate set out in the offer of employment for 

(b) The pay rate set out in the offer of employment is a gross amount, and expressly 

hours that you work, paid fortnightly in arrears. 

includes casual loading, superannuation guarantee contributions, PAYG, HECS / 

FEE-HELP and any other withholdings. 

your performance and other any factors the employer considers relevant. 

(c) The employer will review your pay rate annually from the start date, based on 

5.2 Superannuation Guarantee

For each contract of employment:

(a) The pay rate is a total gross amount, expressly including compulsory 

(b) If the compulsory superannuation contribution rate changes by law, the employer 

(c) If you do not nominate a superannuation fund, the employer may choose or 

superannuation guarantee contributions. 

will pay the varied contribution amount to your nominated fund.  This may result 

in higher or lower take-home pay from the date of any such change.

establish a compliant fund in your name at their discretion, and pay your 

compulsory superannuation contributions to that fund in full satisfaction of their 

obligations.

6. LEAVE ENTITLEMENTS

For each contract of employment:

(a) As a casual employee, your pay rate includes casual loading in lieu of paid leave. 

(b) You are entitled to leave applicable to casuals as specified in the Act, and long 

(c) The employer or the client may require you to provide a medical certificate or 

(d) Subject to the Act, after an initial period of 12 months’ employment with the 

(e) The employer or the client may choose to grant additional paid or unpaid leave for 

service leave in accordance with applicable laws.

other evidence if you claim leave for longer than 2 consecutive days, or any day 

following or preceding a public holiday or long weekend. 

employer, you are entitled to 12 months’ unpaid maternity, paternity or adoption 

leave. You must give the employer and the client at least 10 weeks’ notice in 

writing that you intend to take parental leave.

compassionate or personal reasons upon request at their absolute discretion.

7. SUSPENSION OF EMPLOYMENT

The employer may suspend your employment under a contract of employment at any 

time, for any reasonable period, with or without pay (at their discretion), if:

(a) you have committed a breach of the terms and conditions of this agreement or the 

(b) you sexually harass, or physically or emotionally threaten the health or safety of 

(c) your actions cause the employer or the employer’s clients financial loss or any 

(d) the employer’s business operations are suspended or interrupted by strikes, lock-

employer reasonably suspects that a breach has been committed;

any person; 

financial liability of over $5,000 in any given 6 month period; or

out or other factors outside of their control.

8. TERMINATION OF EMPLOYMENT 

For each contract of employment:

(a) as a casual employee, the employer may terminate your employment and end this 

(b) if required to give notice under the Act, the employer may elect to pay you 

(c) you may terminate your contract of employment at any time by 2 weeks’ written 

Termination of a contract of employment does not affect the validity of your agreement 

with us.

9. EQUIPMENT PROVIDED BY EMPLOYER OR CLIENT

For each contract of employment:

(a) you are entitled to use the provided equipment (if any), as set out in the offer of 

(b) you acknowledge and agree that the provided equipment at all times remains the 

agreement immediately at any time by written notice for any lawful reason;

equivalent pay in lieu of notice;

notice; and

(c) you must return the provided equipment upon termination of your contract of 

employment, to perform your duties and for reasonable incidental personal use;

employer’s or the client’s property and you will do all things reasonably 

necessary to keep the provided equipment in the best possible working condition; 

and

employment. If you fail to return the provided equipment upon termination, the 

employer may deduct the replacement value of the provided equipment from 

your pay.

10. RESTRAINTS

10.1 Confidentiality

(a) In the course of performing your duties, you may receive confidential 

(b) You must not use or disclose the confidential information except to the extent 

information which is proprietary and confidential to the employer or the 

employer’s clients.

necessary to carry out your duties under this agreement, or to the extent 

(c) You expressly acknowledge that personal information of the employer’s clients’ 

necessary to comply with a law or court order, or to obtain professional advice 

from an advisor bound by the same or greater obligation of confidentiality.

that you may receive or have access to in the course of performing your duties is 

strictly confidential, and is confidential information under this agreement.

10.2 Non-Solicitation

You must not at any time during the restraint period, as applicable to each contract of 

employment:

(a) approach, solicit, or endeavour to entice away any of the employer’s clients;

(b) accept any offer of employment from, or enter into any contracting arrangement 

(c) solicit, interfere with or endeavour to entice away any entity who is or was an 

with, any of the employer’s clients with whom you have been placed at any time 

during this agreement; or

employee, contractor, or supplier of the employer during your contract of 

employment with that employer.

10.3 No Conflict of Interest

For each contract of employment:

(a) You must act at all times in good faith towards the employer and the employer’s 

clients in relation to commercial opportunities, arising out of your contract of 

employment. 

as it arises, and must not allow any conflict of interest to affect your duties.

(b) You must identify and declare to the employer any conflict of interest immediately 

10.4 Restraints Necessary

(a) You acknowledge and agree that the restrictions set out in this clause 10 are 

(b) You must not represent yourself as being in any way connected with the 

reasonable and necessary for the protection of the employer’s trade, business 

and interests, and the employer does not intend to employ you without the 

protection of these restrictions.

employer’s business after termination of your employment with the employer for 

any reason.

11. INTELLECTUAL PROPERTY

You acknowledge and agree that all intellectual property rights you create in the course of, 

or in connection with a contract of employment, whenever and however created, vest in 

and are owned by the relevant employer or the client (as applicable) upon creation, and 

you waive your moral rights to any such materials.

12. DISPUTE RESOLUTION

(a) If a dispute arises between you and the employer in relation to a contract of 

employment, both parties must first attempt to resolve the dispute by direct 

discussion or negotiation. 

(b) If a mutual agreement cannot be reached between the parties under clause 11(a), 

(c) The parties must refer the dispute to an independent mediator within 21 days of the 

(d) If the dispute is not resolved within 28 days of the written notice provided under 

either party may give the other party a written notice that they intend to arrange 

mediation.

written notice. If the parties cannot agree on a suitable mediator, either party may 

contact the Law Society in their state and request that they provide a mediator. 

Both parties must abide by the decision of the mediator, and the costs of the 

mediation must be paid by the parties in equal shares.

clause 11(b) then either party may commence court proceedings.

13. GENERAL

1.1 Enduring Clauses

The parties’ rights and obligations under clauses 10, 11 and 12 survive the termination of 

this agreement for any reason.

13.1 Information Statement

The employer is required by the Act to give you the Fair Work Information Statement 

attached to these terms. You acknowledge that you have received and been given the 

opportunity to review this Fair Work Information Statement.

13.2 Relationship between the Parties

The parties specifically agree that this agreement only creates the following legal 

relationships:

(a) of employee and employer, between you and the employer under each contract of 

(b) of customer and supplier, between you and us, subject to these terms and our 

employment. This agreement does not create any agency, principal and 

contractor relationship or partnership of any kind between you and any 

employer; and

general user terms. This agreement does not create any relationship of 

employment, or agency and principal, or contractor relationship or partnership of 

any kind between you and Jobdroid Pty Ltd.

13.3 Jurisdiction

The laws of the State of Queensland, Australia apply to this agreement and the parties 

submit exclusively to the courts of that jurisdiction.

13.4 Waiver

Any delay or failure to enforce any rights in relation to a breach by the other party will not 

be construed as a waiver of those rights, unless it is in writing.

13.5 Varying the Agreement

Any variation or amendment to this agreement must be in writing and signed by both 

parties.

13.6 Severability

If any provision of this agreement is ruled by a court to be illegal, invalid, unenforceable or 

in conflict with any law, it will not affect the legality, validity or enforceability of the 

remaining provisions.

13.7 Entire Agreement

This document and our general user terms, contains the entire agreement between the 

parties, and replaces all previous representations or proposals not contained in this 

document. The parties expressly acknowledge that no representations or warranties have 

been given by either of them other than those contained in this agreement.

14. DEFINITIONS

In this agreement all terms have the same meaning as defined in the schedule to this 

agreement, or as defined below, unless the context indicates otherwise:

(a) Act means the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 

(b) Client means the client for whom you will be performing your duties as set out in 

(c) Confidential Information means all spoken, written or electronically stored 

(d) Contract of employment means any contract of employment you enter into from 

(e) Duties means the details of the work you will be providing for the client as set out 

(f) Employer means the labour hire company employing you to perform the duties for 

(g) Intellectual property means the employer’s or the client’s interests in: 

(Cth), as may be amended from time to time;

the offer of employment.

information, including any copy of these however made, belonging to or relating 

to the employer or the client and includes without limitation: 

(i) the terms and conditions of this agreement, except where the parties 

require disclosure for the purposes of obtaining legal advice or where 

required under legislation and/or proceedings before a court of law; 

(ii) any information about and contact details of employees, suppliers, 

manufacturers, importers, agents, customers, leads or potential leads;

(iii) any information about products, stock, new designs, and materials;

(iv) any kind of technical, financial or business information relating to supply 

chains or customers; 

(v) intellectual property, concepts, know-how and trade secrets; and 

(vi) any information designated as confidential by the employer or the client;

but excludes information in the public domain (other than by default under this 

agreement) or information independently known to you.

time to time under clause 1.3.

in the offer of employment.

the client as set out in the offer of employment.

(i) all business names and internet domain names or any direct derivation of 

them, whether registered or unregistered and applications for the same; 

(ii) all logos, symbols, trade marks, trade names, service marks, brand names 

(iii) all trade secrets and all financial, marketing and technical information, 

(iv) all registered and unregistered patents, patent applications, discoveries, 

and similar rights, whether registered or unregistered and applications for 

the same, and all associated goodwill; 

ideas, concepts, know how, technology, processes and knowledge of the 

employer or the client or the employer’s or client’s clients which is 

confidential or of a sensitive nature, but excluding that which is in the public 

domain; 

inventions, registered and unregistered designs, development or 

improvements of equipment, products, copyright, computer programs, 

utility models, topography rights, database rights, and all other similar 

rights; and

(v) any other industrial or intellectual property.

(h) Location means the location of your duties with the client as set out in the offer 

of employment.

(i) offer of employment means an offer of employment made to you under clause 

1.2.

(j) Pay rate means the rate of pay for your duties with the client as set out in the 

offer of employment.

(k) Provided equipment means any equipment provided to you for use in your duties 

with the client as set out in the offer of employment.

(l) Restraint Period means the duration of this agreement and the longest 

enforceable period following termination of:

(i) 12 months;

(ii) 9 months; or

(iii) 6 months; or

(iv) 3 months.

(m) Roster means the employer’s or the client’s means of providing notice of your 

rostered hours, in whatever form the employer or the client deem appropriate 

(including online).

(n) Rostered Hours means the hours you have been rostered to work.

(o) Start date means the starting date of your duties with the client as set out in the 

offer of employment.