1.2 The Platform is provided to you by Oncontractor Pty Ltd (Oncontractor, we, our or us).
2.1 To access and use the Platform, a person must have an account with us on the Platform (Account).
2.2 An Account will be created for you (Your Account) if:
(a) you access the Platform from your device and sign up for an Account by entering the required information; or
(b) we receive notice from a third party (e.g. your current employer) that you have agreed to an Account being created for you on the Platform (you will receive an email and/or text message notification of this once you have been set up on the Platform).
2.3 When you log into Your Account for the first time, you:
(a) warrant that you are at least 18 years of age;
3.1 At all times after you log into Your Account for the first time:
(a) you warrant that the email address associated with your account is valid and secure;
(b) you are solely responsible for the confidentiality of the password for Your Account;
(c) you are solely responsible for all actions performed using Your Account, which will be deemed to be your actions; and
(d) you consent to receiving notifications by phone, text message and/or email in relation to the Platform.
3.2 You will not use the Platform to:
(a) post any threatening, abusive, defamatory, obscene or indecent material;
(b) be false or misleading;
(c) distribute or send communications that are or contain spam or unsolicited advertising;
(d) distribute any viruses or any other technologies that may adversely impact the operation of the Platform or cause loss, injury or harm to Oncontractor or any user of the Platform;
(e) impose an unreasonable burden on the digital infrastructure that hosts the Platform or interfere with the proper working of the Platform;
(f) covertly, surreptitiously or unlawfully obtain or harvest information about another person using the Platform (with or without their consent); or
(g) bypass any measures used to prevent or restrict access to the Platform.
3.3 You will not access the Platform using any robot, spider, macro, scraper or other automated means.
3.4 You warrant that:
(a) all information that you provide to us, a Client or put on the Platform is accurate and up-to-date and that you have verified that it is so; and
3.5 The Platform may contain links to third-party websites. The inclusion of such links is not an endorsement by Oncontractor of those websites, their content or their owners. Oncontractor is not responsible for those websites’:
(b) accuracy; or
(c) content or advertising.
Additional obligations specific to Contractors using the Platform
3.6 Where you are a current or prospective Oncontractor employee or a user of the Platform looking for Work Opportunities (Contractor), you warrant that:
(a) where you register an Account on the Platform, such Account will be a ‘Contractor’ Account; and
(b) you ordinarily reside in Australia.
Additional obligations specific to Clients using the Platform
3.7 Where you are a current or prospective Oncontractor client (i.e. seeking labour for hire) (Client), you warrant that:
(a) where you register an Account on the Platform, such Account will be a ‘Client’ Account; and
(b) for any job or work opportunity that you post to the Platform (Work Opportunity):
(i) all details describing the Work Opportunity accurately reflect its expectations, demands, required experience, required skills and required qualifications and certifications; and
(ii) the Work Opportunity relates to work that is to be performed in Australia.
4 Verification of information on the Platform
4.1 By submitting information to the Platform or by updating information that you have previously submitted to the Platform you consent to:
(a) our taking of steps to verify the accuracy and currency of such information at any time; and
(b) the disclosure of your personal information to third parties as necessary to carry out the steps in clause 4.1(a).
4.2 You warrant that, where information you have submitted to the Platform ceases to be accurate or up to date, you will update your information on the Platform as soon as reasonably practicable.
5 Matching Contractors and Work Opportunities
5.1 The Platform operates through the use of an artificial intelligence-driven algorithm (Algorithm) to recommend to a Client a list of Contractors (Shortlist) most suitable for that Work Opportunity based on the Client’s criteria for the Work Opportunity and the information submitted by Contractors to the Platform (once verified). The aim is to give Contractors access to Work Opportunities best suited to them, based on their verified information on the Platform, and to give Clients access to the labour most suited to their Work Opportunities.
5.2 You warrant that you will not submit information, omit information or modify information on the Platform in any manner or by any means that is intended to skew, game or undermine the intended operation of the Algorithm as expressed in clause 5.1.
5.3 You consent to the use of the information that you submit to the Platform via Your Account, including personal information, in the analysis conducted using the Algorithm.
5.4 After reviewing a Shortlist, a Client may request that we:
(a) arrange for the Client an interview with the Contractor;
(b) confirm or assist the Client in confirming information about the Contractor;
(c) undertake or assist the Client in undertaking security checks and/or police checks in relation to the Contractor; and/or
(d) request that a Contractor or Contractors make themselves available to work in relation to a Work Opportunity.
5.5 A Client may only have a Contractor placed with them in relation to a Work Opportunity if:
(a) the Client has previously entered into a current labour hire agreement with Oncontractor; and
(b) the Contractor has entered into or has a current employment agreement with Oncontractor.
6 Content and intellectual property
6.1 The Platform contains content provided by us, you and other Account-holders. You will not copy, distribute or modify content on the Platform where you do not hold the intellectual property rights to do so.
6.2 You will not reproduce, copy, sell, resell or exploit any of our intellectual property.
6.3 You will not disassemble, decompile, reverse-engineer or otherwise attempt to obtain access to any source code that is part of the Platform.
6.4 Where you upload content (including documents and pictures) to the Platform, you:
(a) grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable licence to use, reproduce and/or copy that content for purposes related to the Platform;
(b) warrant that you have the right to grant us the licence in clause 4.4(a); and
(c) give your consent to all actions that would otherwise be a breach of any moral rights you have in such content.
6.5 We may at any time remove content from the Platform at our discretion.
7.1 You may close Your Account at any time by contacting Oncontractor with an account closure request. Account closure is subject to you not having any outstanding obligations to Oncontractor, a Client, a Contractor or any other user of the Platform.
7.2 Oncontractor may close Your Account at any time:
(b) without cause in Oncontractor’s sole discretion.
8 Limitation of liability
8.2 The Platform is provided ‘as is’ and ‘as available’. We do not guarantee that your use of the Platform will be uninterrupted or error-free.
8.3 You will not hold us responsible for the actions of other Account-holders.