JobFlatmate

Terms and use

INTRODUCTION

These Terms and Conditions (“Terms”) govern your use of the JobFlatmate (“JobFlatmate, Platform, Website, App”) and its related services. By accessing and using the JobFlatmate, you agree to comply with these Terms and Conditions. If you do not agree with any part of these terms, you should not use the JobFlatmate.

JobFlatmate provides a platform that connects job seekers, employers, room seekers, and flatmates. Through our app, users can post and browse job openings, create profiles, communicate with each other, and find suitable roommates or vacant rooms. Additionally, JobFlatmate offers a unique feature where users can download QR codes for restaurant discounts.

As part of our commitment to enhancing user experiences, JobFlatmate allows users to access exclusive discounts at partner restaurants. Users can download QR codes from the app, which can be scanned at participating restaurants to avail themselves of the offered discounts.

By using the JobFlatmate platform, you agree to be bound by these Terms, which form a binding contractual agreement between you, the user of the JobFlatmate and us, JobFlatmate ABN 39 130 110 511 (JobFlatmate, our, we or us).

These Terms and Conditions may be updated from time to time, and it is your responsibility to review them periodically for any changes. Your continued use of the JobFlatmate after any modifications indicates your acceptance of the revised Terms.

These Terms are a legal document divided into two parts:

Part 1 sets out our terms and conditions for JOBS/FLATMATES through our website.

Part 2 sets out our terms and conditions for the QR Code feature.

Part 3 sets out your use of our website.

Part 4 sets out how our liabi8lity to you is limited and the circumstances in which you must indemnify us as well as some ceneral legal information applicable to these terms.

PART 1 :
JOBS / ROOMS

1. User Conduct

  1. You agree not to use the app for any unlawful or unauthorized purpose, including but not limited to fraud, harassment, or infringement of intellectual property rights.
  2. You will not post, upload, or transmit any abusive, offensive, or inappropriate content, including hate speech, discriminatory language, or explicit material.
  3. You will not engage in any activity that disrupts or interferes with the app’s functionality or security, such as attempting to access unauthorized areas of the app or introducing viruses or malware.

2. User-Generated Content

  1. The JobFlatmate app allows users to post and share content, including job listings, profiles, and messages. By submitting content, users acknowledge that they are the rightful owners or have the necessary permissions to share it.
  2. JobFlatmate does not endorse or guarantee the accuracy, reliability, or legality of user-generated content. Users are solely responsible for their content and any consequences resulting from its use or reliance.
  3. JobFlatmate reserves the right to moderate, edit, or remove any content that violates these Terms and Conditions or is deemed inappropriate or harmful.

3. Reporting Abusive Users

  1. Users can report abusive behavior or content in the JobFlatmate app through the following methods:
    • “Report this ad” button: Users can click the “Report this ad” button, available on every posting within the JobFlatmate app. This feature allows users to report content that violates the Terms and Conditions or is considered abusive, offensive, or inappropriate. By clicking this button, users can initiate the reporting process for the specific ad they find problematic.
    • Email reporting: Users can report abusive behavior or content by sending an email to info@jobflatmate.com.au. This email address serves as a dedicated channel for users to report instances of abusive conduct or content. Users can provide details, such as the specific ad or user involved, along with any additional information that may help in the investigation.
    • Contact Us: On the main page, users can find the “Contact Us” section in the “About Us” category. By selecting the appropriate category from the options provided, users can report complaints or abusive content. This provides an additional avenue for users to report any concerns they may have.
  2. Upon receiving reports, JobFlatmate will review them diligently and impartially. The reported content or behavior will be assessed against the app’s guidelines and policies. Appropriate action will be taken, which may include removing or blocking the reported content or user from the platform. JobFlatmate is committed to addressing reported incidents seriously and taking necessary steps to maintain a positive user experience.
  3. While JobFlatmate strives to address reports efficiently, it is important to note that the investigation process may require time to thoroughly assess the reported content or behavior. JobFlatmate cannot guarantee immediate resolution, but it will make reasonable efforts to investigate and take necessary actions. Users can rest assured that JobFlatmate is committed to maintaining a safe and respectful environment by promptly addressing reported issues and ensuring appropriate measures are taken. JobFlatmate actively encourages its users to promptly report any instances of abusive conduct or content to maintain a safe and respectful environment within the website.

4. User Consent for Microphone Access

By using our app’s reporting feature for various issues, including spam, suspected scammers, fraud, offensive and inappropriate content, account issues, incorrect information, and any other related concerns, you acknowledge and grant explicit consent for our app to access and utilize the microphone functionality on your device. This access is necessary to facilitate audio recording when reporting such incidents.

 

  1. Purpose of Microphone Access:
    The microphone access is utilized solely for the purpose of recording audio when you choose to report incidents related to spam, suspected scammers, fraud, offensive and inappropriate content, account issues, incorrect information, or any other related concerns. The audio recorded through the microphone will be used for investigative purposes by our team to address and resolve the reported incidents effectively.

 

  1. User Data and Privacy:

    Respecting your privacy is of utmost importance to us. Any audio recordings captured through the microphone will be treated with strict confidentiality and in accordance with our Privacy Policy. We do not collect any audio recordings without your explicit consent, and we will only use the recordings for the purpose of investigating and addressing the reported incidents. We do not share this data with any third parties unless required by law.

 

  1. User Control and Revocation of Consent:

    We respect your right to control your privacy preferences. When using the reporting feature in the JobFlatmate app, please note that uploading a video is optional. If you do not wish to upload a video, simply choose not to select the “Take a Photo or Video” option and instead provide information or attach relevant images to report the issue. By not selecting the “Take a Photo or Video” option, you can ensure that no video recordings are uploaded. This allows you to report issues using other available methods, such as messaging or providing written descriptions. Rest assured that reporting without video remains a valid and effective means of addressing abusive behaviour or content within the JobFlatmate app.


    By using the reporting feature and making use of the available options in the JobFlatmate app, you signify your agreement to these terms and conditions.

PART 2 :
QR Code

INTRODUCTION

These Terms and Conditions govern the use of QR code redemption functionality provided by JobFlatmate (“the Platform”). By downloading and using the QR code to redeem discounts at restaurants or establishments, you (“you” or “the user”) agree to comply with these Terms and Conditions. If you do not agree with these terms, please refrain from using the QR code redemption functionality.

1. Important Terms:

  1. A ‘Voucher’ means an instrument containing a code, in either physical or electronic form, which is sold by JobFlatmate and entitles the holder of such a Voucher (Voucher Holder) to receive the Merchant Offering from a relevant Merchant. The terms and conditions listed on the Voucher itself and/or on the deal page of the Website from which the Voucher was purchased, as well as the Redemption Period stated on the Voucher, govern the use of the Voucher.
  2. The ‘Merchant Offering’ refers to the goods and/or services that the Merchant will provide to the Voucher Holder, as specified on the Website and/or on the Voucher.
  3. The ‘Merchant’ is a third-party entity that is unrelated to JobFlatmate. The Merchant is responsible for selling, supplying, and/or providing the Merchant Offering.
  4. JobFlatmate acts as a facilitator and is not an agent of the Merchant, nor does it sell, supply, or provide the Merchant Offering. JobFlatmate provides a medium through which customers and Merchants can connect by downloading the QR Code from the Website. Jobflatmate’s role is limited to providing the QR Code, and it does not have any obligations or liabilities to, nor is it a party to any contract between, you and the Merchant concerning the Merchant Offering.

2. MERCHANT'S TERMS AND CONDITIONS

  1. You acknowledge that the Merchant, and not JobFlatmate:

is the seller, supplier, and/or provider of the Merchant Offering.

is the party that enters into a contract with the Voucher Holder when the Voucher is redeemed.

is solely responsible for providing the Voucher Holder with the Merchant Offering and for the quality, safety, usability, and any other aspect of the Merchant Offering itself.

  1. The Merchant may have its own terms and conditions that apply to the sale, supply, and/or provision of the Merchant Offering. It is your responsibility to familiarize yourself with and comply with any such terms and conditions.
  2. JobFlatmate does not guarantee the completeness, fitness for a particular purpose, or legality of the Merchant Offering. To the maximum extent permitted under applicable law, including the Competition and Consumer Act 2010 (Cth), JobFlatmate disclaims any liability for the quality, safety, usability, or any other aspect of the Merchant Offering.

Please note that any issues, disputes, or concerns related to the Merchant Offering should be directed to the Merchant. JobFlatmate is not responsible for resolving or mediating such matters.

3. QR CODE REDEMTION

  1. The QR code redemption functionality allows you to download a QR code from the Platform, which can be presented at participating restaurants or establishments to avail discounts or other promotional offers.
  2. The QR code is provided for your personal use and is non-transferable. You may not share, sell, or distribute the QR code to others.
  3. The availability and terms of discounts or promotional offers associated with the QR code are determined by the participating restaurants or establishments. Each QR code voucher may have its own unique terms and conditions, including but not limited to expiry date, usage time, redemption limits, and specific requirements. It is your responsibility to review and comply with the terms and conditions associated with each QR code voucher.
  4. Each QR code voucher is valid for a single-use only. Once the QR code has been redeemed at a restaurant or establishment, it is no longer valid and cannot be used again. If you wish to avail the discount again, you must re-download the QR code.
  5. Each QR code voucher can only be redeemed once per checkout. If you have multiple items or transactions, you may need to download and present a separate QR code voucher for each transaction.

4.Accuracy and Validity:

  1. It is your responsibility to ensure the accuracy and validity of the QR code before redeeming it at a restaurant or establishment. JobFlatmate does not guarantee the accuracy or validity of the QR code, and we disclaim any liability for any issues arising from its use.
  2. Participating restaurants or establishments reserve the right to verify the authenticity and validity of the QR code before honoring the associated discount or promotional offer. They may refuse to accept or honor the QR code if they have reasonable grounds to suspect fraud or misuse.

5. Use Restrictions:

  1. The QR code redemption functionality is intended for personal use only. You may not use the QR code for any commercial purposes or in a manner that violates any applicable laws or regulations.
  2. You agree not to tamper with or modify the QR code or engage in any activity that could undermine the security or integrity of the Platform or the participating restaurants’ systems.

Disclaimer of Liability:

  1. JobFlatmate is not responsible for the quality, availability, or fulfillment of discounts or promotional offers associated with the QR code. We do not endorse or guarantee the products, services, or experiences provided by the participating restaurants or establishments.
  2. JobFlatmate disclaims any liability for any damages, losses, or injuries incurred as a result of using the QR code or redeeming discounts at the participating restaurants or establishments. This includes but is not limited to issues such as food allergies, foodborne illnesses, accidents, or disputes with the restaurant or establishment.

6. Modification or Termination:

  1. JobFlatmate reserves the right to modify or terminate the QR code redemption functionality at any time without prior notice. We may also modify or update these Terms and Conditions at our discretion. Any changes will be effective immediately upon posting on the Platform.
  2. Continued use of the QR code redemption functionality after any modifications to the Terms and Conditions constitutes your acceptance of the updated terms.

7. GPS Usage for Nearby Restaurants

The App utilizes GPS functionality to provide you with information on nearby restaurants for your convenience. By using this feature, you agree to the following terms:

 

  1. Location Services: In order to display nearby restaurants, the App requires access to your device’s location services. You acknowledge and agree that by granting permission, the App may collect and use your precise location information.

 

  1. User Control: You have the option to enable or disable location services within the App. If you choose to disable location services, the App will not be able to display nearby restaurants based on your current location.

 

  1. Accuracy of GPS Information: While the App strives to provide accurate GPS information for displaying nearby restaurants, the accuracy of location-based services can vary based on several factors, including but not limited to device limitations, network availability, and environmental conditions. JobFlatmate does not guarantee the accuracy, reliability, or availability of the GPS information provided.

 

  1. Privacy and Data Security: JobFlatmate is committed to protecting your privacy and personal information. The collection and use of your location information will be handled in accordance with our Privacy Policy.

8. ISSUES WITH EXPERIENCE

  1. If you are not satisfied with the Merchant Offering, or if you have a complaint regarding the provision of the Merchant Offering, you should direct any complaint relating to the relevant Merchant directly to that Merchant and not us. This is because the Merchant, and not JobFlatmate, is responsible for the supply and/or provision of the Merchant Offering, JobFlatmate only supplies the Voucher.
  2. If your complaint against the Merchant remains unresolved after you contact the Merchant, you may contact us info@jobflatmate.com.au and we may, at our discretion, try to help resolve the issue between you and the Merchant.

PART 3 :
WEBSITE TERMS AND CONDITIONS

1. ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

2. ELIGIBILITY

  1. This Website is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Website. By using the Website, you represent and warrant that you are either: – (i) over the age of 18 years and accessing the Website for personal use; or – (ii) accessing the Website on behalf of someone under the age of 18 years old and consent to that person’s use of the Website.
  2. Please do not access the Website if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Website.

3. ACCOUNT REGISTRATION

To access promotions, member materials and member benefits, you will be required to sign up for an account (JobFlatmate Account). When you register for a JobFlatmate Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration. You agree that you’re solely responsible for:

  1. maintaining the confidentiality and security of your JobFlatmate Account information and your password.
  2. any activities and those of any third party that occur through your JobFlatmate Account, whether those activities have been authorised by you or not. You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your JobFlatmate Account information or your password.

4. YOUR OBLIGATIONS

You must not:

  1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of JobFlatmate;
  2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing Vouchers, or purchasing other goods and/or services;
  3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  5. use the Website with the assistance of any automated scripting tool or software;
  6. act in a way that may diminish or adversely impact the reputation of JobFlatmate, including by linking to the Website on any other website.
  7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by: – (i) gaining unauthorised access to Website accounts or data; – (ii) scanning, probing or testing the Website for security vulnerabilities; – (iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; (iv) instigate or participate in a denial-of-service attack against the Website.

5. INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

  1. the Website will be free from errors or defects;
  2. the Website will be accessible at all times;
  3. messages sent through the Website will be delivered promptly, or delivered at all;
  4. information you receive or supply through the Website will be secure or confidential; or
  5. any information provided through the Website is accurate or true. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

6. INTELLECTUAL PROPERTY

  1. JobFlatmate retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
  2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from JobFlatmate or as permitted by law.

7. LINKS TO OTHER WEBSITES

  1. The Website may contain links to other websites that are not our responsibility.
  2. We have no control over the content of the linked websites and we are not responsible for it.
  3. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

8. SECURITY

JobFlatmate does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

9. REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

10. PRIVACY

You agree to be bound by the clauses outlined in JobFlatmate’s Privacy Policy.

PART 4 :
GENERAL

1. LIABILITY

  1. (Limitation of liability) To the maximum extent permitted by law, JobFlatmate’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with these Terms:
    – (i) is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth))
    – (ii) is limited, insofar as concerns other liability, to the total money paid to JobFlatmate under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).
  1. Nothing in this agreement is intended to limit the operation of the Competition and Consumer Act 2010 (Cth). Claims for loss of or damage to goods in transit must be made against the carrier.
  1. (Disclaimer) Goods sold by JobFlatmate will have only the benefit of any warranty given by the manufacturer. All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, JobFlatmate’s liability for breach of that non-excludable condition, warranty or guarantee will be limited to:
    – (i) in the case of goods, their replacement or the supply of equivalent goods or their repair
    – (ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
  1. (Indemnity) You agree to indemnify JobFlatmate and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’ use of the Website, your purchase of a Voucher and your receipt of any goods and/or Services provided by JobFlatmate, including but not limited to:
    – (i) any breach of these Terms by you; or
    – (ii) any negligent, fraudulent or criminal act or omission by you or your personnel.

2. GENERAL

  1. (Governing law) This agreement is governed by the law applying in Queensland.
  2. (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
  3. (Amendments) These Terms may only be amended by JobFlatmate in accordance with the Terms.
  4. (Waiver) You may not rely on the words or conduct of JobFlatmate as a waiver of any right unless the waiver is in writing and signed by JobFlatmate.
  5. (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
  6. (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
  7. (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.

3. INTERPRETATION

  1. In these Terms, the following rules of interpretation apply:
  2. (singular and plural) words in the singular includes the plural (and vice versa), unless otherwise stated;
  3. (gender) words indicating a gender includes the corresponding words of any other gender;
  4. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  5. (person) a reference to “person” or ”you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  6. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  7. (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
  8. (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
  9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  10. (includes) the word “includes” and similar words in any form is not a word of limitation
  11. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

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