TERMS & CONDITIONS, APP & WEB USER AGREEMENTS and PRIVACY POLICY
TERMS & CONDITIONS
This Agreement is made between Spades Labour Hire PTY, LTD and you, as the Applicant Worker.
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1. Definitions
For purposes of this Agreement, the following terms shall have the following meanings:
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Employee: An employee refers to a worker employed in a casual position as a casual employee. Casual employees engage with an employer knowing that there is no commitment to ongoing work or frequency of deployment.
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Contractor: A contractor refers to an individual or entity that provides services to Spades under a contract for services. Contractors operate as independent entities, managing their own tax obligations, superannuation, and insurance. Contractors are engaged for specific tasks based on their expertise and are responsible for providing their own tools and equipment.
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Worker: General term used to refer to both Contractors and Employees.
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Assignment: The period during which the Employee or Contractor is required by Spades to provide the Services for a Client.
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Client: The person or organization for which Spades has agreed to provide contract personnel to perform Services.
2. Engagement
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2.1 This agreement details the terms under which individuals may register with Spades Labour Hire (hereafter referred to as "the Company") for potential employment opportunities.
2.2 Spades will offer the Employee engagements to provide the Services on Assignments, as advised by the Spades Allocator, for any Client of Spades on an as-required basis.
2.3 The terms of this Agreement apply to any Assignment which the Employee is offered by Spades and which the Employee accepts.
2.4 Each Assignment constitutes a separate engagement with the Company. Registration does not guarantee immediate employment but places the individual within the Company’s database for potential consideration as opportunities arise.
2.5 The terms of this Agreement can only be modified in writing and made effective when signed by you and by an authorized representative of Spades.
3. Assignments to Employees
3.1 Assignment Availability and Duration: The nature of employment with the Company is on a casual basis, and therefore, the Company is under no obligation to offer the Employee any Assignments. While the Company may indicate the expected length of an Assignment in good faith, the Employee acknowledges that Assignments are offered based on Client needs and may vary. The Client retains the discretion to alter or end any Assignment at any time. Consequently, the availability and duration of Assignments are not guaranteed.
3.2 Casual Employment: As a casual employee, the Employee is not entitled to receive payments for annual leave, personal/carer’s leave, sick days, or long service leave.
3.3 No Obligation Policy: Spades does not guarantee the duration or length of any Assignment offered to the Employee. While Spades may indicate the length of an Assignment in good faith, the Client at its discretion may vary the length of or end any Assignment at its absolute discretion.
3.4 Misleading Job Applications: Applicants must not apply for jobs posted on the Spades platform without the genuine intention of being onboarded. Applications made solely to collect job information or with no intention of joining will result in a ban from the platform.
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3.5 Residency Requirement: Applicants must be physically present in Australia to apply for work with Spades. Applying from outside Australia will result in a ban from the platform.
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3.6 Confidentiality: Applicants must not leak or share Spades' data or any proprietary information with other companies. Unauthorized sharing of information will lead to immediate disqualification and potential legal action.
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3.7 Accurate Information: Applicants must provide truthful and accurate information during the registration and application process. Providing false information can lead to a ban and further legal consequences.
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3.8 Compliance with Policies: Applicants agree to comply with all Spades policies and guidelines during the registration and application process. Non-compliance may result in disqualification from potential employment opportunities.
3.9 Respectful Communication: Applicants are expected to maintain respectful and professional communication with Spades staff and representatives throughout the application process. Any form of disrespect or harassment will result in immediate disqualification.
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3.10 Understanding Roles and Responsibilities: Applicants must thoroughly understand the implications of joining Spades as either an employee or a contractor, including the differences in responsibilities, benefits, and expectations associated with each role.
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3.11 Prohibition on Sharing Confidential Information: Applicants agree not to share, disclose, or distribute any confidential information or proprietary data obtained through their association with Spades, both during the registration process and after being onboarded.
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3.12 Accuracy of Provided Information: Applicants must ensure that all information provided during the registration process is accurate and truthful. Any falsification or misrepresentation of information may result in immediate disqualification and potential legal consequences.
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3.13 Acknowledgment of Terms: By signing up, applicants acknowledge that they have read, understood, and agreed to the terms outlined in this Agreement, including the specific conditions related to being onboarded as either an employee or a contractor.
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4. Assignments to Contractors
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4.1 Assignment Availability and Duration: Contractors are engaged based on their skills and expertise for specific tasks. The Company is under no obligation to offer any Assignments, and while the Company may indicate the expected length of an Assignment in good faith, Assignments are offered based on Client needs and may vary. The Client retains the discretion to alter or end any Assignment at any time.
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4.2 Independent Operation: Contractors are expected to execute jobs independently, using their own tools and equipment. They must have the necessary licenses and skills for flawless job execution.
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4.3 Responsibility and Accountability: Contractors are responsible for the quality and outcome of their work. If any errors or issues arise, contractors are expected to rectify these at their own expense. Contractors must also cover any damages resulting from their work.
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4.4 Tax and Superannuation: Contractors are responsible for managing their own tax obligations and superannuation contributions. Spades will not withhold taxes or make superannuation contributions on behalf of contractors.
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4.5 Misleading Job Applications: Contractors must not apply for jobs posted on the Spades platform without the genuine intention of being onboarded or without the means to execute the service. Applications made solely to collect job information or with no intention of joining will result in a ban from the platform.
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4.6 Residency Requirement: Contractors must be physically present in Australia to apply for work with Spades. Applying from outside Australia will result in a ban from the platform.
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4.7 Confidentiality: Contractors must not leak or share Spades' data or any proprietary information with other companies. Unauthorized sharing of information will lead to immediate disqualification and potential legal action.
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4.8 Accurate Information: Contractors must provide truthful and accurate information during the registration and application process. Providing false information can lead to a ban and further legal consequences.
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4.9 Compliance with Policies: Contractors agree to comply with all Spades policies and guidelines during the registration and application process. Non-compliance may result in disqualification from potential employment opportunities.
4.10 Respectful Communication: Contractors are expected to maintain respectful and professional communication with Spades staff and representatives throughout the application process. Any form of disrespect or harassment will result in immediate disqualification.
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4.11 Non-Engagement with Clients: Contractors must not engage directly with Spades' clients or offer their services at job locations without being hired directly by Spades. Any such unauthorized engagement will result in a ban and possible legal action.
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4.12 Prohibition on Offering Services: Contractors are prohibited from offering their services to Spades clients at job locations if they are not hired directly through Spades. Violations of this rule will result in immediate disqualification and potential legal consequences.
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4.13 Non-Compete Agreement: Contractors agree not to compete with Spades by offering similar services to Spades' clients or engaging in activities that could be deemed as a conflict of interest during their association with Spades and for a period of three months following the completion of their engagement.
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4.14 Engagement and Communication Protocol: Contractors agree to adhere to the engagement and communication protocols established by Spades, including timely responses to communications and adherence to timelines.
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4.15 Use of Company Resources: Contractors must use company resources, such as platforms and tools, only for the purposes intended and in accordance with Spades' guidelines. Misuse of resources will result in immediate disqualification and potential legal action.
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4.16 Compliance with Client Requirements: Contractors must comply with all specific requirements and standards set forth by Spades' clients while on assignment. Any deviation from these requirements may result in termination of the assignment and disqualification from future opportunities.
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4.17 Insurance and Liability: Contractors must carry their own insurance to cover potential liabilities arising from their work. Spades is not responsible for any claims or damages resulting from the contractor's actions.
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5. Registration and Data Sharing
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5.1 Data Collection: By registering, you agree to provide accurate and current personal information as required during the signup process.
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5.2 Purpose of Data Collection: The collected information will be used to assess your qualifications and suitability for job opportunities that may become available.
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5.3 Consent to Store and Use Data: You consent to the Company storing your personal data in its database and using it for employment-related purposes, including job placement considerations.
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5.4 Data Privacy and Protection: The Company is committed to protecting your personal information in compliance with the Australian Privacy Principles (APPs) as outlined in the Privacy Act 1988 (Cth). Our Privacy Policy, available on our website, provides detailed information about how we manage, use, and protect your personal information.
6. Employment/Deployment.
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6.1 Acknowledgment of Terms: By registering, you acknowledge that registration with the Company does not guarantee employment.
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6.2 Job Matching Process: If a suitable job opportunity arises, your application will be processed, and you may be contacted to discuss potential employment. The recruitment process will be conducted fairly and transparently in accordance with the Company’s policies and Australian labour law.
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6.3 Engagement: Each Assignment offered by Spades is considered separate and distinct. Assignments depend on Client needs and do not imply continuous work provision by Spades. Duration and schedule must be approved by Spades for any extensions. The terms can only be modified in writing, and signed by both parties.
7. Usage of AI Agents.
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7.1 AI Usage: The company employs Artificial Intelligence (AI) agents and bots ("AI Agents") as part of its platform to enhance operational efficiency and provide support in project management and other tasks.
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7.2 Cooperation: By agreeing to this contract, the worker acknowledges and consents to the interaction and cooperation with these AI Agents as part of their work assignments.
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7.3 No Jailbreak: The worker agrees to use the AI Agents only as intended and directed by the company and will not attempt to disrupt their operation, access their source code, or misuse them in any manner that could harm the company or its assets.
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7.4 Right to update: The company reserves the right to modify, replace, or remove AI Agents without prior notice at its sole discretion.
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7.5 AI Agent Limitations and Company Liability: The AI Agents utilized by the company are trained on various data sources to assist in operational efficiency and support. While we strive for accuracy and reliability, the AI Agents may occasionally generate false, incoherent, or unreliable information due to the complexity of language processing and data interpretation. The company does not guarantee the infallibility of the AI Agents' responses and shall not be held liable for any information or commitments made by these AI Agents. It is important to understand that the AI Agents operate as separate entities and their outputs should be independently verified by human oversight when necessary.
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8. App Usage, Limitations, and Liability
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8.1 App Usage: You agree to use the Company’s application (app) solely for the purposes of registration, job searching, and communication with the Company, in accordance with the terms of use provided within the app.
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8.2 Limitations of App: The Company does not guarantee that the app will be available at all times, be uninterrupted, or be error-free. The app is provided on an "as is" and "as available" basis. You acknowledge that your access to the app may be occasionally restricted to allow for repairs, maintenance, or the introduction of new facilities or services.
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8.3 Data Accuracy: While the Company endeavours to ensure that the information provided through the app is correct, the Company does not warrant the accuracy and completeness of such information. The app’s contents may be out of date, and the Company makes no commitment to update such material.
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8.4 Liability: To the extent not prohibited by law, the Company disclaims all liability for any damages or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such app. The Company’s liability for negligence, breach of contract, or contravention of any law as a result of your use of the app, or the provision of the services under the app, is not excluded or limited, even if all other remedies are exhausted or fail their essential purpose.
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9. Miscellaneous
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9.1 Amendments: This agreement may be amended periodically in accordance with changes in legislation or Company policies. Registered individuals will be notified of any substantial changes.
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9.2 Governing Law: This agreement is governed by the laws of Australia and the state legislation applicable to where the Company operates.
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10, Acceptance of Terms
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By signing up with Spades Labour Hire, you confirm your agreement to the terms laid out in this document.
If you do not agree to any of the terms stated herein, you should not sign up or accept employment through Spades Labour Hire. If you have any questions or concerns regarding these terms, or if you require clarification on any aspect before agreeing, you are encouraged to contact us for assistance prior to signing this agreement.
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11. Indemnification
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You agree to indemnify, defend, and hold harmless the Company from any and all third-party claims, liability, damages, and/or costs (including but not limited to, legal fees) arising from your use of the app or your breach of this Agreement.
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APP and WEB User Agreement
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Last updated May 01, 2024
Spades Labour Hire is licensed to You (End-User) by Spades Labour Hire Pty. Ltd. located and registered at Level 2, 65-71 Belmore Road, Randwick, New South Wales 2031, Australia ("Licensor"), for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Spades Labour Hire Pty. Ltd. , not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Spades Labour Hire Pty. Ltd. acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Spades Labour Hire when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Spades Labour Hire is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").
TABLE OF CONTENTS
5. USER-GENERATED CONTRIBUTIONS
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
14. INTELLECTUAL PROPERTY RIGHTS
1. THE APPLICATION
Spades Labour Hire ("Licensed Application") is a piece of software created to serve as a platform for both workers and businesses to connect efficiently. — and customized for iOS and Android mobile devices ("Devices"). It is used to navigate through available jobs for Workers, and immediate access for Client profiles. It will include features such as job listings, candidate profiles, scheduling, communication tools, and perhaps even performance tracking or feedback mechanisms. .
2. SCOPE OF LICENSE
2.1 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.2 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Spades Labour Hire Pty. Ltd. 's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.3 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.4 Licensor reserves the right to modify the terms and conditions of licensing.
3. TECHNICAL REQUIREMENTS
3.1 Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. DATA SHARING
4.1. Data Collection: By registering, you agree to provide accurate and current personal information as required during the signup process.
4.2. Purpose of Data Collection: The collected information will be used to assess your qualifications and suitability for job opportunities that may become available.
4.3. Consent to Store and Use Data: You consent to the Company storing your personal data in its database and using it for employment-related purposes, including job placement considerations.
4.4. Data Privacy and Protection: The Company is committed to protecting your personal information in compliance with the Australian Privacy Principles (APPs) as outlined in the Privacy Act 1988 (Cth). Our Privacy Policy, available on our website, provides detailed information about how we manage, use, and protect your personal information.
5. MAINTENANCE AND SUPPORT
5.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
5.2 Spades Labour Hire Pty. Ltd. and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
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2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
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3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
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4. Your Contributions are not false, inaccurate, or misleading.
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5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
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6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
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7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
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8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
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9. Your Contributions do not violate any applicable law, regulation, or rule.
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10. Your Contributions do not violate the privacy or publicity rights of any third party.
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11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
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12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
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13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media format and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
8.3 Licensor takes no accountability and responsibility in case of Non payment - The User cannot blame the app as reason to not pay the invoice .
8.4 Licensor takes no accountability and responsibility in case ofWorkers, the numbers on the app may not reflect the exact payment amounts as it will be finalized once the timesheet has been approved.
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Spades Labour Hire Pty. Ltd. 's sphere of influence that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify Spades Labour Hire Pty. Ltd. about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.
9.4 If we confirm that the Licensed Application is defective, Spades Labour Hire Pty. Ltd. reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Spades Labour Hire Pty. Ltd. and the End-User acknowledge that Spades Labour Hire Pty. Ltd. , and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact Spades Office.
1300 855 334
Level 2, 65-71 Belmore Road
Randwick, New South Wales 2031
Australia
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13. TERMINATION
The license is valid until terminated by Spades Labour Hire Pty. Ltd. or by You. Your rights under this license will terminate automatically and without notice from Spades Labour Hire Pty. Ltd. if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Spades Labour Hire Pty. Ltd. represents and warrants that Spades Labour Hire Pty. Ltd. will comply with applicable third-party terms of agreement when using Licensed Application.
In accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Spades Labour Hire Pty. Ltd. and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Spades Labour Hire Pty. Ltd. , and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of Australia excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
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Privacy Policy
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Spades Labour Hire Pty Ltd (Spades Labour Hire) recognises the importance of your privacy and understands your concerns about the security of your personal information. Spades Labour Hire is committed to protecting any personal information that Spades Labour Hire holds. This Privacy Policy details how Spades Labour Hire generally collects holds, uses and discloses personal information and your rights in relation to the personal information that Spades Labour Hire holds about you.
Spades Labour Hire strives to develop a privacy culture within the organisation by promoting sound privacy practices, procedures and systems for the management of personal information in accordance with the Privacy Act 1988 (Cth) (Act).
Personal Information
‘Personal information’ is defined in the Act to mean any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
Collection and Storage of Personal Information
Where possible, Spades Labour Hire collects your personal information directly from you during the course of your relationship with Spades Labour Hire. Where it is not practicable or reasonable to collect your personal information directly from you, Spades Labour Hire may collect it from other sources. Spades Labour Hire usually collects and holds the following kinds of personal information about a person:
Name;
1. Contact details including phone number, email address, home address and billing address;
2. Information about a person’s dealings with Spades Labour Hire or Spades Labour Hire’s customers and suppliers;
3. Payment details; and
4. Other personal information that Spades Labour Hire collects in the course of a transaction or dealing with a person or that a person otherwise provides Spades Labour Hire.
How Spades Labour Hire Will Use and Disclose Your Personal Information
Spades Labour Hire uses your personal information for the purposes of:
1. Providing Spades Labour Hire’s services to you;
2. Facilitating contact between Providers and you regarding any Application(s) you have made via the Site;
3. Developing Spades Labour Hire’s services;
4. Spades Labour Hire’s internal management needs;
5. Spades Labour Hire’s marketing activities (i.e. newsletters and SMS);
6. Spades Labour Hire’s commercial activities (including monetising data from Spades Labour Hire’s collection of personal information);
7. Responding to any inquiries or comments that you submit to Spades Labour Hire;
8. Any other purpose you have consented to;
9. Any use which is required or authorised by law; and
10. For coaching and staff training purposes.
If you decide to complete an online form maintained by or on behalf of Spades Labour Hire on the Site, the personal information that you enter into the online form will be collected and may be used by Spades Labour Hire as detailed above.
Spades Labour Hire may disclose your personal information to various third parties that provide services to Spades Labour Hire, including third parties that provide Spades Labour Hire’s payment gateway, marketing, logistics and technology support services. This may include providing your personal information to third parties that are located outside of Australia.
Spades Labour Hire may disclose your personal information to various third parties for the following purposes:
1. To send you marketing material for Offers Spades Labour Hire thinks might interest you (whether or not related to your application);
2. For administration purposes (including but not limited to processing any Application; and
3. For such other purposes as Spades Labour Hire shall in its sole discretion determine, including for Spades Labour Hire’s commercial advantage.
It is a condition of your use of the Site that you agree to allow your personal information to be disclosed to Providers and for them to establish contact with you.
Unless otherwise prohibited by law, Spades Labour Hire may disclose your personal information if it is required to do so by law, court order, or as requested by a governmental or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable. Such situations may include: to perform, maintain or enforce contracts with Spades Labour Hire’s users or suppliers; to protect the rights or property of Spades Labour Hire, Spades Labour Hire’s business affiliates, Spades Labour Hire’s users or others; or when Spades Labour Hire has reason to believe that disclosing the information is necessary to identify, contact, or bring legal action against someone who may be causing, or who may be threatening to cause, interference with or damage to Spades Labour Hire’s rights or property, whether intentionally or otherwise; or when anyone else could be harmed by such activities.
Like most websites and applications, there is certain information the Site automatically tracks, including the URL that you just came from, the browser you are using and your IP address. This data is utilised to improve the services of Spades Labour Hire and does not include any personal information.
Opting Out of Promotional Information
Spades Labour Hire works hard to provide its customers with the best possible service at all times. From time to time, Spades Labour Hire will send its customers newsletters, updates and other useful information. Spades Labour Hire hopes that you will find these items informative and useful. However, should you choose to not receive them in the future, you will have the ability to unsubscribe from the marketing database by following the unsubscribe instructions at the bottom of each email, SMS or push notification.
Data Quality
The accuracy of your personal information is important to Spades Labour Hire and is fundamental to providing you with relevant services. Spades Labour Hire seeks to ensure that the personal information it collects, uses and discloses is accurate, complete and up-to-date and, in the case of use or disclosure, relevant.
Data Security
Spades Labour Hire holds your personal information in a variety of forms including paper-based and electronic files and takes reasonable measures to protect that information from misuse, interference and loss and from unauthorised access, modification or disclosure. Spades Labour Hire has a broad range of security safeguards in place to protect your personal information, including that:
1. All electronic databases incorporate strict password access and virus and firewall protection procedures; and
2. Physical and logical security measures are employed to deal with external threats and the possibility of internal ones.
Access
You may request access to the personal information Spades Labour Hire holds about you at any time, by using Spades Labour Hire’s contact details below. Spades Labour Hire will acknowledge your request for access and let you know when Spades Labour Hire will provide you with the requested information. If Spades Labour Hire refuses access, Spades Labour Hire will provide you with a written notice which sets out (unless the law allows Spades Labour Hire not to specify a reason) the reason(s) for the refusal and how you can complain about Spades Labour Hire’s refusal. Spades Labour Hire may recover Spades Labour Hire’s reasonable costs for giving you access to your personal information.
Correction
Where Spades Labour Hire believes that the personal information it holds about you is inaccurate, out-of-date, incomplete, irrelevant or misleading, Spades Labour Hire will take reasonable steps to correct that information and (if you ask and it is reasonable and practicable for Spades Labour Hire to do so) to notify that correction to third parties that may have received the incorrect information from Spades Labour Hire.
If you believe that personal information Spades Labour Hire holds about you should be corrected, you may request that Spades Labour Hire correct that information by using Spades Labour Hire’s contact details below. If Spades Labour Hire does not agree with the corrections you have requested, Spades Labour Hire is not obliged to alter your personal information. Instead, Spades Labour Hire will give you a written notice which sets out (unless the law allows Spades Labour Hire not to specify a reason) the reason(s) for Spades Labour Hire’s refusal and how you can complain about Spades Labour Hire’s refusal. You can also ask Spades Labour Hire to associate a statement with the relevant information that puts your view that it is inaccurate, out-of-date, incomplete, irrelevant or misleading. Spades Labour Hire will not charge you for making a correction request, for correcting your personal information or for associating a statement with your personal information.
Enquiries and Complaints
If you have any enquiries, concerns or complaints about this Privacy Policy, Spades Labour Hire’s handling of your personal information or Spades Labour Hire’s compliance with the Act or any related codes, please contact our Privacy Officer on 1300 804 403 or contact us. This email address is being protected by spambots. You need JavaScript enabled to view it. If you would like to make an inquiry or complaint about how Spades Labour Hire handles your personal information, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or via email at enquiries@oaic.gov.au.
Changes to this Privacy Policy
Spades Labour Hire may make changes to this Privacy Policy from time to time, without notice to you. A current copy of Spades Labour Hire’s Privacy Policy is available on the Site.