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Terms & Conditions

Our Terms, which include the Website Terms and Conditions of Use (“Website Terms and Conditions”) [insert hyperlink], these Terms and Conditions for Businesses, Our Terms and Conditions for Workers, [insert hyperlink] the Confirmation of Subscription Email, Our Policies, including our Privacy Policy [insert hyperlink], Data Security Policy [insert hyperlink], Disputes/Complaints Handling Policy [insert hyperlink] and any Applicable Laws or Regulations constitute Our Terms and form Our Contract with You.

Unless otherwise as expressly agreed, Our Terms will apply notwithstanding any provisions to the contrary that appears on any material, communication, correspondence or other document issued by Crew Up Pty Ltd A.C.N 695421124.

Definitions
- The following words have the following meaning:
  - “Add-On Goods and Services” means …[client to instruct]
  - “Applicable Laws” means all laws, regulations, by-laws, ordinances, codes of conduct, implementing rules / regulations and issuances from authorised bodies that apply to You and Your use of Our Website and Apps and Our Goods and Services.
  - “Applications and Apps” means Our software programs performing specific functions for Users or other software programs, operating on various devices, including mobile devices such as smartphones and tablets, as well as desktop devices and Our “Crew Up” App.
  - “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Commonwealth).
  - “Automatic Renewal” has the meaning as provided in clause 4.4 of these Terms and Conditions.
  - “Automatic Renewal Notice” means one reminder email We send to Your Email, of the automatic renewal of the Contract at least three weeks before it occurs, which will contain the terms and conditions that will apply to the Renewed Term.
  - “Businesses” means any User which accesses Our Website for the purpose of posting a Job Request.
  - “Confirmation of Subscription Email” means the email We send to Your Email address confirming We have approved Your Subscription Service.
  - “Content” means any materials or content on this Website, including information, designs, programming, graphics, images, icons, logos, sounds, music, video, audio, text, software, HTML and code.
  - “Contract” means Our Terms, which include the Website Terms and Conditions of Use (“Website Terms and Conditions”) these Terms and Conditions for Businesses, the Confirmation of Subscription Email, Our Policies.
  - “Goods and Services” shall mean all goods and/or services supplied by Crew Up to the User, including all Goods or services made available to you through the Website.
  - “Job” means any work or services performed under or in connection with a Job Request arising out of Your use of any of Our Applications or Apps, Our Goods or Services or Our Website.
  - “Job Request” means posting a request for work to be performed on any of Our Applications or Apps, Our Goods or Services or Our Website.
  - “Subscription Services” means a Service under which we provide you with a set number of Job Advertisements in exchange for payment by You of an agreed, regular Subscription Fee.
  - “Subscription Fee” means the regular payment You make to Us in exchange for Your access to Our Goods and Services.
  - “Term” has the meaning as set out in clause 4.2 of these Terms and Conditions.
  - “User” means any individual or entity that accesses or uses any aspect of the Goods or Services provided by Crew Up Pty Ltd, or any individual or entity acting on behalf of and with the authority of the User.
  - “We, Us, Our” means a reference to Crew Up Pty Ltd, (ABN 72 695 421 124) (A.C.N 695 421 124) and its affiliates or related bodies, as defined by the Australian Corporations Act 2001 (Cth).
  - “Workers” means any User with a Worker Profile on Our Website created for the purpose of promoting their skills to Businesses.
  - “You, you” means the person or entity (or the entity on behalf of whom you are acting) that is accessing and agreeing to these Terms and Conditions.
- In these Terms and Conditions:
  - Headings are used for convenience only and do not form part of these Terms and Conditions.
  - Where the context admits or requires words importing, the singular number includes the plural number, those denoting a given gender includes all other genders and those denoting natural persons includes corporations.
  - A party being a trustee is bound both personally and in its capacity as a trustee
  - Where more than one User has entered into this agreement, the Users shall be jointly and severally liable for all payments of the Price.
  - Unless otherwise stated, all monetary amounts are exclusive of GST.

Authority to Enter the Contract
- You warrant that You have full authority to enter into the Contract with Us and agree to be bound by the terms of the Contract.

Crew Up Capacity
- You acknowledge that:
  - Crew Up (or any Affiliate) is not acting in the capacity of a recruiter, employer or agent and does not act as a recruiter in its business operations;
  - Crew Up does not verify the credentials or suitability of any Worker for a Job.
  - Unless explicitly specified otherwise, Crew Up’s responsibilities are limited to:
    - facilitating the use of and making available the Crew Up App and Website to Users.

Subscription and Term of Contract
- You agree to subscribe to the Subscription Service as set out in the Confirmation Email (the "Subscription Service") provided by Us in accordance with Our Terms.
- The Subscription Service will commence on the date We approve Your Registration and successfully process Your first Subscription Fee payment (Commencement Date).
- If You select a monthly Subscription Plan, this Agreement will continue on a month-to-month basis commencing on the Commencement Date and will automatically renew for successive monthly periods unless terminated in accordance with clause 8.
- If You select an annual Subscription Plan, this Agreement will continue for a period of twelve (12) months commencing on the Commencement Date and will automatically renew for successive twelve (12) month periods.
- Unless terminated in accordance with clause 8, the Contract is ongoing and will continue for the Initial Term and any subsequent Renewed Terms (each a Term of the Agreement).
- Unless you give us notice of cancellation before the end of the current Term, the Agreement will be automatically renewed (Automatic Renewal) at the end of that Term for a further 12 months (Renewed Term). You acknowledge that a Renewed Term may be longer than the Initial Term.
- Subscription charges for the Renewed Term will be deducted from your nominated credit card.

Payment and Fees
- You shall pay the Subscription Fee ("Subscription Fee") on either:
  - a monthly basis, payable in advance and automatically charged on the monthly anniversary of the Commencement Date; or
  - an annual basis, payable in advance and automatically charged on each annual anniversary of the Commencement Date,

depending on the Subscription Plan selected by You.

The Subscription Fee is exclusive of any applicable taxes, which shall be paid by You.
You are obliged to pay for the Subscription Fee, regardless of whether You utilise or fully utilise Our Goods or Services. If You do not provide us with the necessary materials or information for us to deliver these Goods or services to you, you are still liable to us for full payment. ⁠
Payment is to be made by credit card only. Credit card surcharges and additional fees apply.
In the event a credit card is declined then Your Subscription will be suspended until the credit card is reactivated or an alternative credit card is provided.
All Add on Goods and Services are optional purchases and can only be paid by credit card.
⁠You agree that we may disclose information to a credit reporting agency or interested persons as reasonably necessary and only to the extent allowable under applicable Privacy Laws, Credit Laws and other Applicable Laws. You will confirm your consent to such disclosure in writing if we require. ⁠

Your Obligations
- You must:
  - Keep all Your contact details up to date and accurate, including providing us with a current and active email address, mobile telephone number, and active landline number for us to direct emails and to SMS and call You and for you to receive emails from Us;
  - provide us with the current, valid ABN for your business;
  - provide us with accurate credit card details to make all payments required to be made by you in accordance with the Contract and ensure that you maintain sufficient credit on that credit card to enable you to do so;
  - notify us immediately of any changes to Your contact details any changes to your ABN, licensing status, credit card details and any other information you are required to maintain with us. You can notify us by contacting us directly or updating the relevant details via the App where applicable;
  - ensure your Email and Mobile Number is monitored by You or another person authorised by You during business hours;
  - respond to Workers posts and all communications through the Website and App promptly and professionally.

Prohibited Conduct
- You must not:
  - Represent that you are employed by, or that you are an agent or contractor of Crew Up,
  - commit or encourage any criminal offence,
  - transmit or distribute any malicious, technologically harmful, offensive or obscene material, including but not limited to viruses, trojans, worms, or logic bombs,
  - use our Services for any unlawful purpose or illegal activity, or post or submit any content, profile, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, harassing, abusive, hateful, racist, illegally discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined at our discretion;
  - post any Content or Job request which is not a genuine profile or resume and which attempts to advertise or promote Goods or services
  - Hacking, corrupting data, causing annoyance, maliciously interrupting other Users or interfering with proper operation of the Website,
  - attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures,
  - infringing upon the proprietary rights of any other person,
  - sending unsolicited advertising or promotional material (“spam”),
  - post any profile, resume or apply for any job on behalf of another party;
  - share with a third party any login credentials to Our Websites and Apps;
  - post or submit to any of the Website and Apps any inaccurate, incomplete, misleading, false, not up to date biographical information or information which is not Your own;
  - post content that contains restricted or password-only access pages, or hidden pages or images;
  - solicit Login Details from other Users;
  - attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any of our websites and apps, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing” (or similar activity);
  - delete or alter any material posted by any other person or entity
  - aggregate, copy or duplicate in any matter any of the Content or information available from any of our websites and apps.
  - making any attempt to affect the performance or functionality of any computer facilities accessed through this Website.
  - harass, incite harassment or advocate harassment of any group, company or individual;
  - impersonate any person or misrepresent your identity or affiliations;
  - post AI-generated or manipulated media that materially misleads or harms;
  - use any Profile or related data to build or train machine-learning or AI models
  - combine Profile data with other data to infer or discriminate on protected attributes
- You must not use any software robots, spiders, crawlers, or similar automated data gathering tools, nor take any action which imposes an unreasonable burden on the Website infrastructure
- Breach of this clause may constitute a criminal offence and will be reported to law enforcement authorities with disclosure of your identity as required by law.

Our Right to Decline to Approve Your Account or Terminate Your Account
- We reserve the right to decline your request to register an account with us if We believe on reasonable grounds that you are unlikely to comply with Our Terms, likely to pose a security threat in any way (including to other Users or our systems) or likely to cause damage to our brand or reputation.
- Once you have registered an account with us, if we believe on reasonable grounds that you are:
  - likely to pose a security threat in any way (including to Users or our Systems); or
  - likely to cause damage to our brand or reputation, ⁠
  - we reserve the right to:
    - remove your Job Request postings from one or more of our Websites and Apps;
    - refuse to supply Goods and Services to you; and / or
    - suspend or terminate your Account immediately.
  - We will act reasonably in exercising our rights under this clause, which may include notifying you of our proposed actions in advance (if we believe this is appropriate).
  - You will not be entitled to any compensation or refund in the event we do exercise our rights under this clause. ⁠
- We take our obligations under Privacy Laws and other Applicable Laws extremely seriously, and We are resolute in our determination to prevent the misuse of User data. If we believe that you have misused information relating to any other User, for any reason, we reserve the right to:
  - immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received User Personal Information from you in breach of Our Terms;
  - report any potential contraventions of applicable Privacy Laws or other Applicable Laws by you to the relevant authorities; and/or;
  - take legal action against you seeking any available remedies, which may include the award of monetary damages.
- Without limiting clause 8.2 and 8.3 and subject to clause 16, we will notify you if we believe on reasonable grounds that you have used our Goods and Services improperly. If you continue to use our Goods and Services improperly, we reserve the right to take any action that we think is reasonably necessary to remedy and prevent the improper use. This may include (but is not limited to):
  - removing your Job Request from one or more of Our Website and Apps;
  - refusing to supply Goods and services to you; and/or
  - suspending or terminating your account.

You will not be entitled to any compensation or refund in these circumstances. ⁠

If we believe on reasonable grounds that you are using our Goods and Services improperly and that you are acting to intentionally benefit from the improper use, we will not be required to provide you with prior notice, and we may immediately take any of the actions permitted by clause 8.4. You will not be entitled to any compensation or refund in these circumstances. ⁠

Feedback
- We may, from time to time, allow Users to provide feedback about their experience on Our Applications and Apps, which feedback may be made public.
- You acknowledge that the content of the feedback is the User’s opinion and may include statements that are negative, critical, untrue, inaccurate and harmful to You.
- You consent to that and acknowledge that we may make that feedback public, even where you consider it is inaccurate, unjustified, or unfair.
- However, we will exercise our discretion not to publish feedback which we reasonably consider to be inappropriate, offensive or deceptive.

Licence to Use Data
- Subject to all Applicable Laws (including applicable Privacy Laws) and subject to clause 10.2, all data stored in your Account (Business User Data), is owned by You. For the avoidance of doubt, Personal Information of Users, including Workers is governed by applicable Privacy Laws, the terms of our privacy policy and / or your privacy policy, as applicable. We will delete User information from your account where it is appropriate to do so (e.g. in accordance with applicable Privacy Laws). ⁠
- You hereby grant to us a perpetual, non-exclusive, irrevocable licence to use any Business User Data, to:
  - manage our internal reporting requirements;
  - collate statistical information about use of our websites and apps and submission of online applications;
  - analyse user behaviour on our websites and apps;
  - obtain and analyse high level trends and prepare reports relating thereto;
  - investigate any suspected;
    - breach of Our Terms; or
    - security related issues; and
  - generally improve the candidate user experience and/or the advertiser user experience. ⁠
  - We may use any other data relating to your use of, or engagement with, our websites or apps and/or your use of our other Goods and services (Ancillary Data) for any purpose we see fit, unless such Ancillary Data would reasonably be considered confidential in nature, in which case our use must maintain such confidentiality. We may disclose Ancillary Data to our related parties.

Platform Matching Disclaimer
- We may use a proprietary matching algorithm (“Matching Algorithm”) to facilitate connections between users based on information provided by Users and other data sources.
- The Matching Algorithm is designed to assist users in identifying potential matches or connections for informational and convenience purposes only. The Matching Algorithm does not constitute technical, financial, legal, or any other form of professional advice, and users must exercise their own independent judgment in relying on any results or recommendations generated by the Matching Algorithm.
- We do not guarantee any results, matches, or recommendations produced by Our Matching Algorithm will be accurate or suitable for Your purpose, or available at all times.
- We expressly disclaim any liability for any reliance placed on the Matching Algorithm or its outputs by users.
- You acknowledge and agree that any reliance on the Matching Algorithm is at Your own risk.
- We do not endorse, warrant, or make any representations regarding the quality, suitability, reliability, or accuracy of any user, service, product, or information identified, matched, or recommended by the Matching Algorithm. The display or suggestion of any match or connection does not constitute an endorsement or recommendation by the platform.
- You are solely responsible for verifying the suitability, accuracy, and appropriateness of any Worker, before taking any action or making any decision based on matching results.
- To the maximum extent permitted by law, We exclude all liability for any loss, damage, cost, or expense (including indirect or consequential loss) arising from or in connection with the use of, or reliance on, the Matching Algorithm or any results, matches, or recommendations produced by it.
- We may, at our sole discretion, modify, suspend, or terminate the Matching Algorithm or any part of its functionality at any time without notice. We do not guarantee the continued availability of Our Goods and Services, including the Matching Algorithm or any of its features.
All intellectual property rights in the Matching Algorithm and any related content are owned by Us. You are not granted any rights to use, reproduce, or exploit the Matching Algorithm or its outputs except as expressly authorised by the platform or as permitted by law.

Indemnity
- You indemnify, and will keep indemnified, Us and Our officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by us or them as a direct result of:
  - any fraud or wilful misconduct by you;
  - any negligent act or omission by you; or
  - any breach of any Applicable Laws by you.
- Each party’s liability under these terms will be reduced to the extent that the relevant loss or damage was caused or contributed to by the other party. ⁠
- You can find our Disputes/Complaints Handling Policy here.

⁠

Data Security
- You will maintain security controls to reasonably secure your data (including Personal Information of Users) from misuse, interference, loss and unauthorised access, modification or disclosure.

Transfer of Rights
- We may transfer Our rights under these Terms to another entity without your consent.
- You may not transfer your rights under these Terms without Our prior written consent.

Termination and Cancellation
- These Terms will remain in full force and effect while We have a Contract with You.
- We may suspend or cancel your Account immediately at our reasonable discretion if we reasonably believe you are:
  - engaging in unlawful or inappropriate conduct while using our Website and apps;
  - using our Services in a manner that violates Our Terms or may interfere with other Users' access to or enjoyment of our Services; or
  - using our Services in a manner that may compromise the security, performance or availability of our systems,
  - if you breach any of your obligations under Our Terms and fail to remedy such breach within 14 days of us notifying you.
- You can cancel your Account at any time by providing thirty day’s notice, in writing.
- You will not be entitled to any refund if you terminate Your Account including any pro-rata refund of any pre-paid Subscription Fees.
- Upon Termination or Cancellation of Your Account, we may:
  - remove your User Content from our Websites and Apps;
  - immediately terminate your Account Registration;
  - remove or restrict your access to our Websites and apps and/or any of our Services.
  - claim immediate payment of all moneys due by You in respect of all Goods and Services which will be deemed immediately due and payable.
- The provisions of these Terms and Conditions survive Termination and will remain in effect.

Limitation of Liability
- Nothing in these Terms restricts, excludes, modifies or purports to restrict, exclude or modify any guarantees, rights or remedies which you may have under applicable statutory consumer guarantees, including under the Australian Consumer Law or equivalent State or Federal laws.
- ⁠To the maximum extent permitted by law, we provide no warranty to you that our Goods and services will be uninterrupted or error free. ⁠
- To the maximum extent permitted by law, our liability for breach of any statutory consumer guarantee or other term (whether implied or otherwise) which cannot be excluded by law, is limited at our option to either, the supply of the Goods or services (or the equivalent Goods or services) again or the payment of the cost of having the Goods or services supplied again.

General
- If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- These Terms and Conditions and any agreement formed under them shall be governed by the laws of the State of New South Wales, Australia. You and Crew Up Pty Ltd irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia.
- Crew Up Pty Ltd may license or sub-contract all or any part of its rights and obligations without the Your consent.
- Crew Up Pty Ltd reserves the right to review these terms and conditions at any time without notice to the User.
- The failure by Crew Up Pty Ltd to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Crew Up ’s right to subsequently enforce that provision.