1.1 Hireup and the Platform
Hireup is an online platform that enables people with disability to find, hire and manage their support workers. Through our safe and secure digital platform, Participants (or their Account Managers) and Home Care and Support Workers are able to register an Account, create Profiles, search for one another, make contact, and arrange Bookings.
These are the terms that govern your access and use of the Platform, and your interactions with Hireup and its Representatives. Please read them carefully before using the Platform or engaging with Hireup and its Representatives.
1.6 Age Restriction
Unless otherwise expressly authorised by, and agreed with Hireup:
(a) you must be 18 years of age or older and able to enter into legally binding contracts to access and use the Platform; and
(b) by accessing or using the Platform you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into this contract.
2. USING THE PLATFORM
2.1 Accessing the Platform
Access to certain areas and information on the Platform is restricted. You must be an Approved User to access and use certain features and information on the Platform. In order to be an Approved User, you must complete the Registration Process and enter into either an employment agreement or services agreement with Hireup (as appropriate).
Hireup reserves the right to refuse you access to the Platform at any time. This is subject to paragraph 3 below, and the terms of either the employment or services agreement between you and Hireup (as appropriate).
2.2 Using the Platform
While using the Platform, engaging with Hireup and its Representatives and interacting with other Users you must act honestly and reasonably and meet the expected standards of behaviour set out in the Hireup Standards and Procedures at all times. Without limiting the Hireup Standards and Procedures, you must not:
(a) provide any information that is incorrect, misleading or deceptive on your Profile or in any communications you have with Hireup, its Representatives or any User;
(b) include any offensive, defamatory, derogatory or inappropriate material on your Profile or in any communications you have with Hireup, its Representatives or any User;
(c) use the Platform or communicate with Hireup, its Representatives or any User for a purpose which is not related to a potential or actual Booking; or
(d) assault, harass or intimidate any other User, or deliberately or negligently expose any other User to a risk of physical, psychological or other harm.
You must not assign or otherwise transfer your Account to another party. You are liable for any and all activities conducted on and through your Account.
2.3 Confidentiality and Security
You are responsible for maintaining the confidentiality and security of your Account login details and must not disclose your Account login details to any third party (except to an Account Manager, as appropriate.
You must immediately notify Hireup if you know or have any reason to suspect that your Account login details have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised access or use of your Account.
3. TERMINATION OF YOUR ACCESS TO THE PLATFORM
Hireup reserves the right to suspend or terminate your access to the Platform, or certain areas of the Platform, for any reason without notice to you including, but not limited to:
(a) if there is an interruption, fault, virus or unauthorised access on the Platform or the Hireup systems;
(c) if you breach any of the Hireup Standards and Procedures;
(d) if you attempt to change, add to, remove or otherwise interfere with the Platform or any material or content displayed on the Platform; or
(e) if you use the Platform or engage with Hireup for any purpose that Hireup, in its discretion, considers inappropriate, including the storage or transmission of inappropriate, offensive, derogatory or misleading and deceptive material.
4. INTELLECTUAL PROPERTY
You acknowledge and agree that you will not acquire any rights, including but not limited to, Intellectual Property Rights in the Platform or any material or content on the Platform.
You acknowledge and agree that the Platform and any material on the Platform, including all associated Intellectual Property Rights, are the exclusive property of Hireup and/or its licensors or authorising third-parties.
You agree that you will not remove, alter or obscure any Intellectual Property Rights incorporated in or accompanying the Platform or the material on the Platform. You will not use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or any material or content on the Platform.
5. THIRD PARTY LINKS AND COOKIES
The Platform may contain links to third party websites which are not under the control of Hireup. Hireup is not responsible for the content on the third party websites. You acknowledge that you enter third party websites from the Platform at your own risk.
6. DISCLAIMER AND LIMITATION OF LIABILITY
The Platform is provided on an “as is” basis without any representations or warranties, either express or implied. Except where prohibited by law, Hireup will not be liable whether under the law of contract, statute or the common law in relation to the contents of, use of or otherwise in connection with the Platform, for any direct or indirect, consequential, exemplary, incidental or punitive damages.
You agree to indemnify Hireup and its officers, employees and agents from and against any and all claims, damages, cost or liabilities, including but not limited to personal injury, death, loss of or damage to property, infringement of rights and associated costs, that may arise as a result of:
(b) any breach of the law, negligence or infringement of the rights of any third party by you.
8.2 Governing Law
These Terms are governed by the laws of New South Wales, and you irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales including, for the avoidance of doubt, the Federal Court of Australia sitting in New South Wales.
“ Account ” means the account that was registered by you on the Platform using your name, postcode, email address and password.
“ Account Manager ” means an authorised attorney or decision maker for, or custodial parent or guardian of, a Participant.
“ Approved User ” means a Registered User that has been approved by Hireup and has logged into their Account to access and use the Platform.
“ Booking ” means an engagement or request made by a Participant (or a Participant’s Account Manager) on the Platform for a Home Care and Support Worker to perform Support Services which has been confirmed by the Home Care and Support Worker.
“ Confidential Information ” means information belonging to or in the possession of, Hireup or which you obtained through your relationship and engagement with Hireup and which Hireup regards as confidential and includes, but is not limited to, any personal, medical, health, private or sensitive information (including your opinions) about Hireup, another User, a Representative or their families, other than any information which is in the public domain (except through a breach of the confidentiality of that information).
“ Hireup ” means Hireup Pty Ltd (ACN 600 120 787) of Ground Floor, 120 Pacific Highway, Greenwich NSW 2065 (also referred to as “ we” , “ us ” and “ our ”).
“ Home Care and Support Worker ” means a person employed by Hireup under an employment agreement to provide Support Services to Participants through the Platform.
“ Intellectual Property Rights ” include, but are not limited to, patents, copyrights, rights in circuit layouts, registered designs, trademarks, the right to have Confidential Information kept confidential, and any application or right to apply for registration of all present and future rights conferred by statute, common law or equity whether registered or unregistered.
“ Participant ” means an individual with a disability who has registered with, and been approved by Hireup to obtain Support Services through the Platform.
“ Platform ” means the Hireup website (currently, www.hireup.com.au), the Hireup web app, the Hireup iPhone App, iPad App and Android App and all parts and pages of the same.
“ Profile ” means the information provided by you as part of the Registration Process and displayed in your Account on the Platform.
“ Registered User ” means an individual who is logged into their Account and is undertaking the Registration Process to become approved as a Participant (or Account Manager) or Home Care and Support Worker.
“ Registration Process ” means Hireup’s verification and approval process in determining an application to become a Participant (or Account Manager) or Home Care and Support Worker.
“ Representatives ” means Hireup’s officers, employees, contractors or agents.
“ Support Services ” means the home care and support services provided by Home Care and Support Workers to Participants during a Booking in accordance with the terms of the relevant employment and services agreement between you and Hireup (as applicable).
“ Unregistered User ” means an individual who is accessing the Platform without logging into an Account.
“ User ” means an Unregistered User, Registered User and Approved User and any other person that uses the Platform.
“ You ” means the person that accesses or uses the Platform and " Your ' will be interpreted accordingly.