SHFTHero Service Terms of UseSHFTHero products and services are owned, or licensed from third parties, and operated by Woodford Bay Australia Pty Ltd (ABN 83 629 635 025).
By accessing and/or using the SHFTHero Service (the “Service”) Users agree to these Service Terms of Use, which include our Privacy Policy (Terms). Users should review these Terms carefully and immediately cease using the Service if the User does not agree to these Terms. The Terms form an agreement between each User and SHFTHero (the Agreement).
The Service may be made available via an iOS or Android application (the App), or via functionality available on the SHFTHero website located at www.SHFTHero.com (the Website). General use of the Website is governed by the terms accessible here.
In these Terms, ‘SHFTHero’, 'us', 'we' and 'our' means Woodford Bay Australia Pty Ltd and its related bodies corporate.
In these Terms persons seeking work are referred to as “Heroes” and persons seeking staff are referred to as “Hirers”. Heroes and Hirers are collectively referred to as “Users”.
These Terms may be amended by SHFTHero from time to time. SHFTHero will use reasonable efforts to ensure that any changes to these Terms are made available to Users not less than 30 days prior to taking effect. A User’s continued use of the Service following the date such amended terms take effect will be deemed to be acceptance of any amended Terms.
1 About SHFTHero
The SHFTHero Service is a marketplace primarily designed to connect employers seeking short-term casual employees with people seeking short-term casual employment. In appropriate circumstances the SHFTHero Service is a marketplace that may connect principals seeking independent contractors. The Service may be provided via the App and/or the Website from time to time, in SHFTHero’s discretion. SHFTHero does not guarantee that any or all of the functionality available via the App will be available via the Website at any time.
SHFTHero is not an employer or employment agency.
2 Disclaimer
SHFTHero is designed to assist job seekers and job providers enter into Employment Agreements, or in some circumstances, Independent Contracts. It is provided on an “as-is” basis and all warranties of fitness and merchantability are excluded to the maximum extent possible at law.
It is each User’s responsibility to ensure that all information entered into the Service is accurate and is compliant with relevant laws (including employment laws and Awards). Hirers must not engage Heroes as independent contractors if the appropriate arrangement at law is an employment relationship and/or a relevant Award applies. SHFTHero does not review the data entered by Users and does not make any representation that information posted by Users of the Service is compliant with any laws. SHFTHero disclaims any liability in connection with the use of the Service to the maximum extent possible at law.
3 Registration
All Users must register to use the Service.
3.1 Registration of Heroes
When a Hero registers and activates its account, it will provide us with personal information such as the Hero’s photograph, name and email address, telephone number, ABN (if applicable), work history and qualifications. Heroes must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy .
When a Hero registers and activates its account, the Hero must select a user name and password. Heroes are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.To create an account, a Hero must:
(a) Be at least 18 years of age;
(b) possess the legal right and ability to enter into a legally binding agreement with us;
(c) possess the legal right and ability to work in Australia; and
(d) agree and warrant to use the Service in accordance with these Terms.
3.2 Registration of HirersWhen a Hirer registers and activates its account, it will provide us with details of the Hirer including its full legal name, ABN, registered business address, contact details of the Hirer and personal information of a nominated contact, including the nominated contact’s name, email address and telephone number. Before a Hirer can post an advertisement on the Service the Hirer must provide us with valid credit card details. Hirers must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
When a Hirer registers and activates its account, the Hirer will select a user name and password. Hirers are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.To create an account, a Hirer must:
(a) possess the legal right and ability to enter into a legally binding agreement with us;
(b) possess the legal right and ability to hire staff in Australia; and
(c) agree and warrant to use the Service in accordance with these Terms.
4 Use of the Service
4.1 Grant of Right to Use
Subject to confirmation of creation of an account, SHFTHero grants Heroes and Hirers the limited right to access and use the Service for the duration of the term of this Agreement.
Users must not allow any other person to access or use the Service.
4.2 Rights Granted by Users
By creating an account each User grants to SHFTHero a non-exclusive, worldwide, transferable, royalty-free right for the duration of the Term to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute any and all information the User posts, uploads, displays, or otherwise makes available to or via the Service (“User Content”).
Each User warrants and represents that it owns or controls all rights in all User Content posted, uploaded, displayed, or otherwise made available to or via the Service and is capable of making the grant of rights in the User Content set out above.Each User acknowledges that User Content may be viewed by other users of the Service.
4.3 Prohibited Activity
Users must not:
(a) post, upload, display, or otherwise make available to or via the Service any User Content that is inaccurate, misleading, dishonest, or untruthful or which the User does not have the right to post, upload, display, or otherwise make available;
(b) commit any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
(c)attempt to undermine the security or integrity of SHFTHero’s systems or networks or, where any part of the Service is hosted or provided by a third party, that third party’s system or network;
(d) use, or misuse, the Service in any way which may impair the functionality of the Service or any other network or system used to deliver the Service;
(e) attempt to gain unauthorised access to any materials other than those to which the User has been given express permission to access;
(f) transmit or input into the Service:
(i) any files that may damage the Service or any other person’s computing device or software; or
(ii) any illegal or offensive content or content that otherwise infringes any law or regulation; or
(g) attempt to modify, copy, adapt, reproduce, disassemble, decompile, or reverse engineer the Service or any computer programs used to deliver the Service.
4.4 Passwords and Usernames to be kept secure
Users must ensure that all usernames and passwords are kept secure and confidential. Users must immediately notify SHFTHero of any unauthorised use of a username or password or any other breach of security.
5 Employment of Heroes
5.1 Formation of Employment Agreement
Heroes and Hirers may use the Service to agree terms of employment (an “Employment Agreement”). The Hero and Hirer are the sole parties to each Employment Agreement. SHFTHero is not a party to any Employment Agreement and will not have any liability to any party in respect of any Employment Agreement. No agency, employer/employee, or other similar relationship is created under these Terms between SHFTHero and any Hero or Hirer. Heroes and Hirers have no authority to bind SHFTHero in any way. SHFTHero may, in its discretion, elect to assist in the resolution of any disputes relating to Employment Agreements in accordance with the User Dispute Resolution provisions set out in Clause 7 below.
5.2 Terms incorporated into Employment AgreementsUsers agree that the following terms are incorporated into each Employment Agreement:
(a) a User may cancel an Employment Agreement at any time provided that in the event that an Employment Agreement is cancelled:
(i) by a Hero less than 24 hours prior to the scheduled commencement of employment, the Hero’s rating may be adversely affected by this cancellation; or
(ii) by a Hirer less than 2 hours prior to the scheduled commencement of employment the Hirer may be liable to make a payment to the Hero in accordance with any relevant Award or an implied term of reasonable notice.In addition to the foregoing, in the event that an Employment Agreement is cancelled less than 2 hours prior to the commencement of employment SHFTHero may take such action in respect of the cancelling party as it deems appropriate, including, but not limited to, terminating the cancelling party’s access to the Service.
6 Engagement of Independent Contractors
6.1 Formation of Independent Contract
Heroes and Hirers may use the Service to agree terms of an independent contract (an “Independent Contract”) (subject to being permitted to do so at law). The Hero and Hirer are the sole parties to each Independent Contract. SHFTHero is not a party to any Independent Contract and will not have any liability to any party in respect of any Independent Contract. No agency, employer/employee, or other similar relationship is created under these Terms between SHFTHero and any Hero or Hirer. Heroes and Hirers have no authority to bind SHFTHero in any way. SHFTHero may, in its discretion, elect to assist in the resolution of any disputes relating to Independent Contracts in accordance with the User Dispute Resolution provisions set out in Clause 7 below.
6.2 Additional obligations of Heroes under Independent Contracts
Heroes should be aware that when engaged as an independent contractor the Hero will, in most instances, be responsible for:
(a) payment of income tax and any other applicable taxes on amounts earned;
(b) payment of superannuation; and
(c) taking out and maintaining workers compensation insurance in accordance with applicable laws,
and Heroes should make their own enquiries in relation to such obligations.
6.3 Terms incorporated into Independent Contracts
Users agree that the following terms are incorporated into each Independent Contract:
(a) a User may terminate an Independent Contract at any time provided that in the event that an Independent Contract is terminated:
(i) by a Hero less than 24 hours prior to the scheduled commencement of the relevant services, the Hero’s rating may be adversely affected by this cancellation; or
(ii) by a Hirer less than 2 hours prior to the scheduled commencement of the provision of services the Hirer may be liable to make a payment to the Employee User in accordance with any implied term of reasonable notice.In addition to the foregoing, in the event that an Independent Contract is cancelled less than 2 hours prior to the commencement of the provision of services SHFTHero may take such action in respect of the cancelling party as it deems appropriate, including, but not limited to, terminating the cancelling party’s access to the Service.
7 User Dispute Resolution
SHFTHero is not a party to any Employment Agreement or Independent Contract. Users should attempt to resolve disputes relating to Employment Agreements and Independent Contracts amongst themselves in the first instance. SHFTHero has no obligation to assist Users in respect of the resolution of any dispute relating to an Employment Agreement or Independent Contract, but may agree to become involved in such resolution in its discretion.Nothing is this Clause is intended to affect the jurisdiction of any tribunal or body in respect of the resolution of disputes in relation to Employment Agreements or Independent Contracts.
8 Hero Obligations
8.1 Honesty and AccuracyHeroes must provide honest and accurate details of their experience, qualifications, skills, and abilities. Heroes must genuinely hold all qualifications entered into the Service and will provide photographic evidence of the currency of such qualifications where possible.
8.2 Payment Obligations
Use of the Service is free for Heroes.
8.3 Communication Obligations
Heroes must only use communication functionality of the Service to communicate with Hirers for genuine work-related issues, and must not use the Service for any private, non-professional communications unrelated to the creation of a work relationship.
8.4 Attend Work
Heroes acknowledge that Employment Agreements and Independent Contracts formed with Hirers via SHFTHero are legally binding obligations and Heroes must use their best efforts to attend agreed work. If a Hero is unable to attend agreed work it must notify the relevant Hirer as soon as is reasonably practicable that it will not be able to attend. The Hero should also cancel the agreed work via the Service to facilitate a SHFT Credit (as defined below) to the Hirer and to enable the Hirer to seek other Heroes for the work.
9 Hirer Obligations
9.1 Compliance with LawsHirers must ensure that all advertisements posted on the Service and all work relationships entered into via the Service comply with all applicable laws, regulations and codes. In particular, Employer Users must:
(a) advertise and pay wages in accordance with the requirements of any relevant Statute or Award (if applicable);
(b) offer not less than the minimum entitlements (including superannuation) to Heroes applicable under any relevant Statute or Award; and
(c) offer and maintain a safe working environment in compliance with all relevant workplace health and safety laws and regulations.It is the Hirer’s obligation to ensure that any applicable Statute or Award is applied and SHFTHero will have no liability to any Hero in the event that a Hirer fails to apply the relevant Statute or Award, fails to correctly apply any relevant Statute or Award, or engages a Hero on terms that do not comply with applicable laws. The Hero’s sole remedy will be an action against the Hirer.
9.2 Determination of SuitabilityIt is the Hirer’s obligation to:
(a) determine whether an Hero is suitable for any particular work; and
(b) verify the validity of any qualifications of the Hero,
and SHFTHero will not have any liability to the Hirer in this respect.
9.3 Lawful Business Purposes
Hirers must only use the Service for their own lawful business purposes, in accordance with these Terms, and any other notice sent by SHFTHero or posted on the Website.
9.4 Payment Obligations
Hirers must pay the fees set out in the Fee section below in connection with their use of the Service.
9.5 Communication Obligations
Hirers must only use the communication functionality of the Service to communicate with Heroes for genuine work-related issues, and must not use the Service for any private, non-professional communications unrelated to the creation of a work relationship.
9.6 Privacy Obligations
Hirers acknowledge that the data provided to Hirers by SHFTHero relating to Heroes constitutes personal information (as defined in the Privacy Act) and will ensure that the Hirer complies with its obligations under the Privacy Act in respect of all such information.
9.7 Insurance ObligationsHirers must maintain public liability insurance at an industry-standard level for the duration of the Term of this Agreement.It is the Hirer’s obligation to ensure that all Heroes engaged by the Hirer as Employees are covered under the Hirer’s workers compensation insurance. Heroes engaged as contractors are responsible for their own workers compensation insurance (unless they are engaged on a regular and systematic basis).
10 Failure to Attend Work
If a Hero has not arrived for agreed work by the scheduled commencement of the work the Hirer can elect to note the Hero as “Absent” by using the relevant Service functionality.In the event a Hero is properly noted as Absent the Hirer will be given a SHFT Credit in accordance with Clause 11 below and the Hero’s Rating (if any) may be negatively affected.Each Hero and Hirer agrees that it may be contacted by SHFTHero for the purposes of determining the circumstances behind the Absence.
11 Fees and Charges
SHFTHero charges Hirers a flat rate success fee upon acceptance of work by a Hero (the “Success Fee”). The current Success Fee is AUD$15.00 (inclusive of GST).The Success Fee is automatically debited from the Hirer’s nominated credit card at the time the Hero accepts the work, and is non-refundable. SHFTHero will only debit the Hirer’s card for amounts permitted under this Agreement.Notwithstanding that SHFTHero has provided its services in full upon acceptance of work by a Hero, as a sign of good faith a credit will be given to a Hirer where:
(a) a Hero cancels agreed work at any time; or
(b) the Hero has not arrived for agreed work by the scheduled commencement of work and the Hirer reports the Hero Absent using the relevant Service functionality,(a SHFT Credit).
Each SHFT Credit will entitle the Hirer to one free hiring transaction via the Service, and will be automatically applied against the next Success Fee due from that Hirer. SHFT Credits are non-refundable and cannot be taken as cash. SHFTHero may revoke a SHFT Credit in its discretion, including where it believes that an Absence has been reported in bad faith.SHFTHero reserves the right to revise its fee and credit structures at any time and in the event the fee or credit structure is revised a User’s sole remedy will be to cease using the Service.All amounts payable under these Terms are expressed inclusive of GST.All other taxes (including all taxes payable under Employee Agreements and Independent Contracts) and third party fees (including telephone charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, and exchange fees) are the responsibility of Users and SHFTHero will not have any liability in respect of such taxes or fees.
12 Review System
SHFTHero may, from time to time, implement a review system via the Service under which Hirers are asked to review the performance of Heroes and Heroes are asked to review the conditions of work provided by the Hirer.
SHFTHero may request that Users rate on a number of criteria and may utilise a proprietary algorithm to determine an overall rating based on the User’s responses.Completion of any review will be optional, but is encouraged by SHFTHero to improve user experience.SHFTHero will use best efforts to ensure that all reviews are anonymised and that only an aggregate review score is posted on the Service.
13 Support
13.1 Technical Issues
In the case of technical or other availability issues with the Service a User must make all reasonable efforts to investigate and diagnose such issues prior to contacting SHFTHero. FAQs in relation to SHFTHero are available here. If a User requires additional support it can contact SHFTHero at support@SHFThero.com
13.2 Maintenance and Development
SHFTHero may make the Service unavailable in its discretion for the purposes of performing maintenance or development. SHFTHero will use reasonable endeavours to publish details of such maintenance or development on the Website within a reasonable period prior to the commencement of such maintenance or development.
13.3 Deleting an Account
A User may request that SHFTHero delete the User’s account at any time. SHFTHero will promptly delete the User’s account upon request, however each User acknowledges that SHFTHero may be required to retain certain information forming part of the User’s account by law or for its own internal record keeping.
14 Suspension of AccountsSHFTHero may suspend any User’s access to the Service at any time and for any reason, including but not limited to where SHFTHero is unable to verify or authenticate any information provided by that User (should it wish to do so), suspects that the User may be in breach of this Agreement, or suspects that the User is using the Service in bad faith. Suspensions may remain in effect for so long as SHFTHero deems necessary.
15 Term and Termination
15.1 Term
The Term commences upon a User registering an account and concludes on the date of termination as set out in Clause 15.2 or 15.3.
15.2 Termination for Convenience
A User may terminate this Agreement at any time by ceasing to use the Service.SHFTHero may terminate this Agreement at any time on 30 days written notice.
15.3 Termination for Breach
Without limiting other remedies available to SHFTHero at law, in equity, or under this Agreement, SHFTHero may terminate a User’s account at any time and without notice in the event that SHFTHero:
(a) believes the User is in breach of this Agreement or any other terms applying to the Service or has acted in bad faith in respect of the Service;
(b) is unable to verify or authenticate any information the User provides to it (should it wish to do so); or
(c) believes that the User’s actions may cause loss or damage to or otherwise unlawfully harm any User, SHFTHero, or any third party.
15.4 Accrued Rights
Termination of this Agreement is without prejudice to any rights or obligations of the parties accrued up to and including the date of termination. On termination of this Agreement Users remain liable for all accrued charges and amounts payable as of the date of termination. The User’s right to access and use the Service ceases immediately upon termination of this Agreement for any reason.
16 Indemnity
Each User indemnifies SHFTHero from and against all claims, costs, damage, loss, liability, and expense arising from any breach of this Agreement by the User. This indemnity survives termination or expiry of this Agreement.
17 Intellectual property rights
Unless otherwise indicated, SHFTHero owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Service (including in the App and Website and in all of the material (including all text, graphics, and logos) made available on the App and Website (Content)).
Users’ use of the Service and use of and access to any Content does not grant or transfer any rights, title or interest to Users in relation to the Service or the Content. However SHFTHero grants each User the right to access the Service and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.Any reproduction or redistribution of any part of the Service or the Content is prohibited and may result in civil and criminal penalties. In addition, a User must not copy the Content to any other server, location or support for publication, reproduction or distribution.All other use, copying, reproduction, or reverse engineering of the Service, including the App, the Website, the Content or any part of it is prohibited, except to the extent permitted by law.
18 Data
SHFTHero may compile and deidentify User Content and other data derived from the provision of the Service and use such data for any purpose, including for commercial purposes.
19 Dispute Resolution
In the event of any dispute arising under an Employment Agreement or Independent Contract the terms set out in Clause 7 above apply. For disputes between a User and SHFTHero arising under this Agreement the procedures set out in this Clause 19 apply. A User may not commence any legal action against SHFTHero, other than an action seeking urgent injunctive relief, unless it has complied with the terms of this Clause 19.
19.1 Parties to make good faith effortsIf a dispute arises between a User and SHFTHero the User must notify SHFTHero of the dispute and the parties must make good faith efforts to resolve the dispute.
19.2 Alternative dispute resolutionIn the event that the parties are unable to resolve the dispute under Clause 19.1 the parties agree to consider alternative dispute resolution, such as mediation or arbitration, as an alternative to litigation.
19.3 Legal Proceedings
Where the parties are unable to agree on a form of alternative dispute resolution either party may commence proceedings in a court of competent jurisdiction.
20 Exclusion of Warranties
SHFTHero gives no warranties in respect of the Service (including in respect of the App). Without limiting the foregoing, SHFTHero does not warrant that the App or Service will meet the User’s requirements or that they will be suitable for any particular purpose. The App and Service are provided as-is and as-delivered. For the avoidance of doubt, all implied guarantees, conditions, and warranties are excluded to the maximum extent permitted by law.To the extent that any guarantee, condition, or warranty cannot be excluded by law the User’s sole remedy in respect of the breach of any such guarantee, condition, or warranty will be (at SHFTHero’s election):
(a) performance of the relevant Service again; or
(b) payment of the cost of performance of the relevant Service again.
21 Limitation of Liability
(a) To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall SHFTHero be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to a User’s use of the Service, or as a result of the inaccessibility of the Service and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
(b) Subject to Clause 20 above, to the extent that SHFTHero has any liability to a User, SHFTHero’s total aggregate liability to:
(i) a Hirer in connection with any breach of this Agreement by SHFTHero will not exceed the total amount of fees paid by the Hirer to SHFTHero for the use of the Service in the 12 month period prior to the date on which the cause of action arose; or
(ii) a Hero in connection with any breach of this Agreement by SHFTHero will not exceed AUD$1.(c) If a User is not satisfied with the Service, the User’s sole remedy is to terminate this Agreement in accordance with Clause 15.2.
22 General
22.1 Entire Agreement
This Agreement, and the terms of any other notices or instructions given to Users under this Agreement supersede all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between each User and SHFTHero relating to the use of the Service and the other matters dealt with in this Agreement.To the extent of any inconsistency between these Terms and any other terms, these Terms will prevail.
22.2 No Assignment
A User may not assign or transfer any rights under this Agreement to any third party without SHFTHero’s prior written consent.
22.3 Severability
If any part or provision of this Agreement is invalid, unenforceable, or in conflict with any law, that part or provision is excised from this Agreement and the remainder of the Agreement will be unaffected.
23 Jurisdiction and governing law
Use of the Service (including the Website and the App), and this Agreement are governed by the laws of New South Wales and each User submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
