Terms and Conditions

Here are our terms and conditions. Please contact us if you have any other questions. We are here to help wherever we can and would welcome any feedback or suggestions.

The MyJobMarket terms & conditions outline MyJobMarket and Your obligations and responsibilities on the MyJobMarket Platform.

User Agreement: www.myjobmarket.com.au

MyJobMarket Pty Ltd operates an online platform allowing Users to connect with other Users in the capacity as either a Worker or Hirer.

Please read these terms and all Policies including the Community Guidelines and Privacy Policy carefully before using the MyJobMarket Platform. These Policies are incorporated into this Agreement by reference.

All defined terms in this Agreement have the meaning given to them in the MyJobMarket Glossary.

1. SCOPE OF MYJOBMARKETSERVICES

Basic Principles

1.1 MyJobMarket Pty Ltd provides the MyJobMarket Platform to enable Workers to advertise their availability for certain roles, that conform to specified criteria, to existing (or existing and new) Hirers.
1.2 Workers can search and apply for any job opportunities that have been Posted to Market by a Hirer, if they meet the requirements for that job.
1.3 The MyJobMarket Platform enables Hirers to create a Roster detailing the services they would like to hire, and at what terms.
1.4 On this Roster the Hirer can

1.4.1 Offer each job to those members of their MyTeam who are suitable and available.
1.4.2 Post that Job to Market to invite applications from the suitable candidates in the market.
1.4.3 Search the Market to Offer the job to suitable Workers who have advertised their availability to work in that role to the Market.

1.3 A Hirer may revoke or modify a Job Ad at any time before he/she accepts an Offer. Any acceptance made prior to the modification is rendered void. Both Hirer and Worker must agree to a new Job Ad with the modified terms to have a valid agreement.
1.4 If a Worker accepts an Offer, or a Hirer accepts an Application, on the MyJobMarket Platform, the Job Ad is assigned to that particular Worker. At this point, a Job Contract is created between the Worker and the Hirer.
1.5 The Worker or Hirer can cancel this Job Contract at any point before the commencement of the Job. Though in the interest of being considerate (and encouraging long-term working relationships) it is encouraged that proper notice be given if possible.
1.6 Upon commencement of the Job, MyJobMarket has rendered the MyJobMarket Rostering Service and the Roster Fee may be charged to the Hirer’s account (See Payments).
1.7 If the Times the Worker worked differ from what is specified within the Job Contract, the change must be recorded by the Worker on their Timesheet. These amended times will then go to the Hirer for either approval or further amendment. If the Hirer chooses to amend the times, the Worker must then either approve or amend the times. This process continues until both parties agree on the times worked.

1.7.1 The Worker and Hirer are strongly encouraged to use MyJobMarket’s private messaging system to make a record of how the Times Worked changed from the agreed upon contract, and the reason for it, to support any future claims.
1.7.2 MyJobMarketis not responsible for any payments, but upon request, will provide all relevant information to support either party pursuing a claim.

1.8 Upon agreement of the Times Worked, MyJobMarket has rendered MyJobMarket Recruitment Service and the Service Fee may be charged to the Hirer’s account (See Payments).
1.9 After the Job Contract is completed, the parties are encouraged to review and provide feedback on the MyJobMarket Platform.

2. MYJOBMARKET’S ROLE AND OBLIGATIONS

2.1 MyJobMarket provides the MyJobMarket Service in consideration for the Roster Fee and the Service Fee.
2.2 MyJobMarket only permits individuals over 18 years of age to become Users.
2.3 Users must be natural persons but can specify within their account description that they represent a business entity.
2.4 In its absolute discretion, MyJobMarket may refuse to allow any person to become a User or cancel or suspend or modify any existing account including if MyJobMarket reasonably forms the view that a User’s conduct (including a breach of this Agreement) is detrimental to the operation of the MyJobMarket Platform.
2.5 No charges apply in respect of the following actions on the MyJobMarket Platform:

(a) Registering and creating an account;
(b) Any function associated with the Work Tab;

2.6 MyJobMarket accepts no liability for any aspect of the Hirer and Worker interaction, including but not limited to the description, performance, or delivery of Services.
2.7 MyJobMarket is not responsible for, and does not warrant the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Workers to perform tasks or supply items, or the honesty or accuracy of any information provided by Hirers or the Hirers’ ability to pay for the Services requested.
2.8 Except for liability in relation to any Non-excludable Condition, the MyJobMarket Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
2.9 MyJobMarket has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve the User experience.
2.10 You understand and agree that:

(a) MyJobMarket does not undertake any investigation in relation to any Worker or third-party service provider before they become a User, including criminal checks, verification of qualification or license held, or any character or other checks of the suitability of a Worker or third-party service provider to perform any task which they may claim to be able to provide on the platform;
(b) You are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, or proof of insurance prior to engaging a Worker to perform services;
(c). You are solely responsible for making your own evaluations, decisions, and assessments about choosing a Worker; and
(d). Assume all risks and you agree to expressly release, indemnify, and hold harmless MyJobMarket from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the services.

3. USER OBLIGATIONS

3.1 You will at all times:

(a) comply with this Agreement (including all Policies) and all applicable laws and regulations;
(b) only post accurate information on the MyJobMarket Platform;
(c) ensure that You are aware of any laws that apply to You as a Hirer or Worker, or in relation to Your use of the MyJobMarket Platform.

3.2 You agree that any content (whether provided by MyJobMarket, a User or a third party) on the MyJobMarket Platform may not be used on third party sites or for other business purposes without MyJobMarket’s prior written permission.
3.3 You must not use the MyJobMarket Platform for any illegal or immoral purpose.
3.4 You must maintain control of Your MyJobMarket account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
3.5 You grant MyJobMarket an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the MyJobMarket Platform for the purpose of publishing material on the MyJobMarket Platform and as otherwise may be required to provide the MyJobMarket Service, for the general promotion of the MyJobMarket Service, and as permitted by this Agreement.
3.6 You agree that any information posted on the MyJobMarket Platform must not, in any way whatsoever, be potentially or actually harmful to MyJobMarket or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by MyJobMarket.
3.7 Without limiting any provision of this Agreement, any information You supply to MyJobMarket or publish in an Offer or a Posted Task (including as part of an Offer) must be up to date and kept up to date and must not:

(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in MyJobMarket’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any MyJobMarket Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.

3.8 The MyJobMarket Platform may from time to time engage location-based or map-based functionality. The MyJobMarket Platform may display the location of Hirers to persons browsing the MyJobMarket Platform. A User should never disclose personal details such as their street number, phone number or email address in a Job Ad or Profile or in any other public communication on the MyJobMarket Platform.
3.9 If You are a Worker, You must have the right, licence or all other necessary skills (as applicable) to provide the relevant Services contracted under a Job Contract and the right to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment received under a Job Contract.
3.10 You must not, when supplying Services, charge a Hirer any fees on top of the agreed upon price. However, the parties to a Task Contract may agree to amend the Agreed Price through the MyJobMarket Platform.
3.11 You must not request payments outside of the MyJobMarket Platform from the Hirer for the Services except to the extent permitted by clause 3.12 and only if the MyJobMarket Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.12.
3.12 If a Worker agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Worker is solely responsible for obtaining any reimbursement from the Hirer. Correspondence in respect of agreeing to these additional costs should be carried out on the MyJobMarket Platform. MyJobMarket advises Workers not to agree to incur costs in advance of receiving the payment for these costs, unless the Worker is confident the Hirer will reimburse the costs promptly.
3.13 For the proper operation of the MyJobMarket Platform (including insurance, proper pricing, and compliance with Policies), the Worker must ensure that, provided the Hirer provides its prior written consent to the subcontracting of any part of the performance of the Task Contract to a third party, then that third party must also be a registered User of the MyJobMarket Platform.
3.14 If MyJobMarket determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Task Contracts, it reserves the rights to remove any content, Posted Job or Offer You have submitted to the MyJobMarket Service or cancel or suspend Your account and/or any Job Contracts.

4. FEES

4.1 A Roster Fee is payable to MyJobMarket on a per user rostered, per month basis.

4.1.1 The first 10 different Workers rostered on each month are free of charge and do not incur this fee.
4.1.2 This fee is charged to the Hirer’s account to be paid at the end of each calendar month.
4.1.3 In respect of Roster on the Platform. When a Hirer accepts a Worker’s application, or a Worker accepts a Hirer’s Job Offer, the Job is assigned to that Worker and a Job Contract is formed between the two parties. The Hirer will not, however, incur the Roster Fee until the Job has commenced with a confirmed worker placed through the MyJobMarket Platform.

4.2 Separate to the Roster Fee, the Hirer may also incur a Service Fee as consideration for the Hirer finding a new worker through the MyJobMarket platform

4.2.1 This Service Fee is applicable only to those Workers found through the MyJobMarket Platform, not to any pre-existing workers, or those found through other means.
4.2.2 The Service Fee acts as a Recruitment commission calculated as a percentage of the price paid to the Worker for that job. This amount is determined when both parties agree on the exact times worked during the Timesheet process.
4.2.3 The Service Fee is designed to mitigate the risk for the Hirer that the Worker will only work one or two times. The full Recruitment charge only applies if the worker was to work ten or more jobs for them. After the first ten jobs worked by that Worker for that Hirer, they can be rostered without incurring the Service Fee.
4.2.4 This fee is added to the Hirer’s account to be paid at the end of each calendar month.

4.3 The Roster Fee and the Service Fee are GST inclusive(or equivalent tax on supplies, including VAT).
4.4 Subject to clause 5, all Fees payable to MyJobMarket are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
4.5 If MyJobMarket introduces a new service on the MyJobMarket Platform, the Fees applying to that service will be payable from the launch of the service.
4.6 MyJobMarket reserves the right to amend the amount of any Fees (including the Connection Fee and Worker Service Fee) from time to time and any changes wil be updated on myjobmarket.com.au.

5. PAYMENTS AND CANCELLATIONS

5.1 If the Job Contract is cancelled for any reason (by a Hirer, a Worker or under this Agreement) prior to the commencement of the Job Contract, then the Job Contract is void and no payments are owed.
5.2 If the Worker does not cancel the Job before it is set to commence but does not perform any of the Services detailed in the Job Contract, the Hirer can request for a refund from MyJobMarket for any Roster Fee they were charged.

5.2.1 The Hirer is under no obligation to pay the Worker if they do not perform the Services detailed in the Job Contract. As such the Hirer would also not incur any Service Fee.

5.3 If the Hirer does not cancel the Job before it is set to commence, but no longer wants the Services of the Worker, they will still incur the Roster Fee. It is strongly recommended as a courtesy (and for strong working relationships) to give Confirmed Workers as much notice as possible when their Services are not required.
5.4 If the parties agree to any additional cancellation fee payable under the Job Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
5.5 MyJobMarket may suspend a User Account in its sole discretion for repeated Cancellations.

6. PAYMENT FACILITY

8.1 MyJobMarket uses a Payment Provider to operate the Payment Account.
8.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/ssa/ are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
8.3 If MyJobMarket changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.

7. VERIFICATION & BADGES

10.1 MyJobMarket may use Identity Verification Services.
10.2 You agree that MyJobMarket Identity Verification Services may not be fully accurate as all MyJobMarket Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
10.3 You are solely responsible for identity verification and MyJobMarket accepts no responsibility for any use that is made of an MyJobMarket Identity Verification Service.
10.4 MyJobMarket Identity Verification Services may be modified at any time.
10.5 The MyJobMarket Platform may also include a User-initiated feedback system to help evaluate Users.
10.6 MyJobMarket may make Badges available to Workers. The available Badge can be requested by the Worker via the MyJobMarket Platform and arranged on behalf of the Worker and issued by MyJobMarket, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Worker and determined by MyJobMarket or a third-party verifier which shall be governed by its terms.
10.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Task Contract, you do so aware of this limitation. You should seek to verify any Badge with the Worker prior to commencing the task.
10.8 It remains the Worker’s responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform MyJobMarket immediately if a Badge is no longer valid.
10.9 MyJobMarket may, at its discretion, issue Badges to Workers for a fee.
10.10 The issue of a Badge to a Worker remains in the control of MyJobMarket and the display and use of a Badge is licensed to the Worker for use on the MyJobMarket Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the MyJobMarket Platform.
10.11 MyJobMarket retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by MyJobMarket.

8. INSURANCE

8.1 MyJobMarket may offer its Users in Australia, New Zealand, Ireland, Singapore and the United Kingdom an opportunity to obtain insurance for certain Task Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third-party insurance will be displayed on the MyJobMarket website when they are available. MyJobMarket confirms that all insurance policies are Third Party Services and governed by further terms set out for Third Party Services.
8.2 MyJobMarket does not represent that any insurance it acquires or which is offered via the MyJobMarket Platform is adequate or appropriate for any particular User.
8.3 Each User must make its own enquiries about whether any further insurance is required and Workers remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the MyJobMarket Platform.
8.4 MyJobMarket may also take out other insurance itself and that insurance may at MyJobMarket’s option extend some types of cover to Users. MyJobMarket reserves the right to change the terms of its insurance policies with the third-party insurance providers at any time. A summary of the policies is available on the MyJobMarket website and the policy details can be requested via MyJobMarket. Users are responsible for familiarising themselves with these details.
8.5 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Worker, and the insurance taken out by MyJobMarket (if any) responds to that claim then this clause applies. If a claim is made against a Worker, MyJobMarket may (provided that the Worker consents) elect to make a claim under any applicable policy and if the claim is successful, MyJobMarket reserves its right to recover any excess or deductible payable in respect of the claim from the Worker. Where MyJobMarket makes a claim and the insurer assesses that the Worker is responsible, MyJobMarket is entitled to rely on that assessment. If You do not pay any excess due under this clause, MyJobMarket may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to You.
8.6 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Worker, and the insurance taken out by MyJobMarket (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. MyJobMarket may elect to reject or pay an amount to settle a claim not covered by MyJobMarket’s own insurance policies. To the extent that the Worker was or would be liable for the amount of the claim, if MyJobMarket elects to pay an amount to settle the claim the amount paid by MyJobMarket may be recovered by MyJobMarket from the Worker. MyJobMarket may also elect to set this amount off against future moneys it may owe to the Worker.

9. LIMITATION OF LIABILITY

Please see Your Country Specific Terms for the applicable exclusions and limitations of liability.

10. PRIVACY

10.1 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, you must review and agree to their terms of service including their privacy policy.
10.2 MyJobMarket will endeavour to permit you to transact anonymously on the MyJobMarket Platform. However, in order to ensure MyJobMarket can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, MyJobMarket reserves the right to ask Users to verify themselves in order to remain a User.

11. MODIFICATIONS TO THE AGREEMENT

11.1 MyJobMarket may modify this Agreement or the Policies (and update the MyJobMarket pages on which they are displayed) from time to time. Where MyJobMarket make material modifications, we will send notification of such modifications to Your MyJobMarket account or advise You the next time You login.
11.2 When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the MyJobMarket Platform in any manner, including engaging in any acts in connection with a Task Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
11.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify MyJobMarket who will terminate Your MyJobMarket account, and stop using the MyJobMarket Service.

12. NO AGENCY

12.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind MyJobMarket, its related entities or affiliates in any way whatsoever. MyJobMarket confirms that all Third-Party Services that may be promoted on the MyJobMarket Platform are provided solely by such Third Party Service providers. To the extent permitted by law, MyJobMarket specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-Party Service.

13. NOTICES

13.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to MyJobMarket’s contact address as displayed on the MyJobMarket Platform, or to MyJobMarket Users’ contact address as provided at registration. Any notice shall be deemed given:

(a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which You have Your MyJobMarket Platform account.

13.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider’s terms and conditions.

14. MEDIATION AND DISPUTE RESOLUTION

14.1 MyJobMarket encourages You to try and cooperate with the other User to try and make a genuine attempt to resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that MyJobMarket may, in its absolute discretion, share Your information with other parties involved in the dispute.
14.2 MyJobMarket may elect to assist Users resolve disputes. Any User may refer a dispute to MyJobMarket. You must co-operate with any investigation undertaken by MyJobMarket. MyJobMarket reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or MyJobMarket’s determination in an applicable court or tribunal.
14.3 MyJobMarket has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.
14.4 MyJobMarket may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third-Party Dispute Service will be available on request. The Third-Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
14.5 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
19.6 If You have a complaint about the MyJobMarket Service please contact us.
14.7 If MyJobMarket provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to MyJobMarket for any costs, losses or liabilities incurred by MyJobMarket in relation to any claims relating to any other use of information not permitted by this Agreement.

15. TERMINATION

15.1 Either You or MyJobMarket may terminate your account and this Agreement at any time for any reason.
15.2 Termination of this Agreement does not affect any Job Contract that has been formed between MyJobMarket Users.
15.3 Sections 4 (Fees), 9 (Limitation of Liability) and 14 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
15.4 If Your account or this Agreement are terminated for any reason then You may not without MyJobMarket’s consent (in its absolute discretion) create any further accounts with MyJobMarket and we may terminate any other accounts You operate.

16. GENERAL

16.1 This Agreement is governed by the laws specified in Your Country Specific Terms.
16.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
16.3 This Agreement may be assigned or novated by MyJobMarket to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
16.4 This Agreement sets out the entire understanding and agreement between the User and MyJobMarket with respect to its subject matter.

Revised 22 January 2024 copyright MyJobMarket

APPENDIX A:

MODEL TASK CONTRACT

The terms used in this Job Contract have the meaning set out in the MyJobMarket Glossary. A Job Contract is created in accordance with the MyJobMarket Agreement. Unless otherwise agreed, the Hirer and the Worker enter into a Task Contract on the following terms:

1 COMMENCEMENT DATE AND TERM

1.1 The Job Contract is created when either the Hirer accepts the Worker’s Application on a Posted Job, or when a Worker accepts a Hirer’s Job Offer to provide Services.
1.2 The Task Contract will continue until terminated in accordance with clause 7.

2 SERVICES

2.1 The Worker will perform Services in a proper and workmanlike manner.
2.2 The Worker must perform the Services at the time and location agreed.
2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Job Contract.
2.4 The parties acknowledge that the Job Contract is one of personal service where the Hirer selected the Worker to perform the Services. Therefore, the Worker must not subcontract any part of the Services to any third party without the Hirer’s consent.
2.5 The Worker always remains responsible and liable to the Hirer for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Worker.

3 WARRANTIES

3.1 Each party warrants that the information provided in the creation of the Job Contract is true and accurate.
3.2 The Worker warrants that they have (and any subcontractor has) the right to work and provide Services and hold all relevant licences in the jurisdiction where the Services are performed.

4 PAYMENT OR CANCELLATION

4.1 Upon the creation of the Job Contract, the Hirer must pay the Agreed Price into the Payment Account.
4.2 Upon the Services being completed, the Worker will provide notice via their Timesheet on the MyJobMarket Platform.
4.3 The Hirer will be prompted to confirm the Services are complete. If the Worker has completed the Services in accordance with clause 2, the Hirer must confirm the services are complete on their Timesheet on the MyJobMarket Platform and pay the Worker the appropriate amount.

4.3.1 This payment should be within the next pay-cycle, or within one month of the services being completed. It is recommended that payment should be made as soon as possible.

5 LIMITATION OF LIABILITY

5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.

6 DISPUTES

6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to MyJobMarket and act in accordance with clause 18 of the MyJobMarket Agreement.

7 TERMINATION OF CONTRACT

The Task Contract will terminate when:

(a) the Services are completed and the Agreed Price is paid;
(b) a party is terminated or suspended from the MyJobMarket Platform, at the election of the other party;
(c) otherwise agreed by the parties or the Third Party Dispute Service; or
(d) notified by MyJobMarket in accordance with the party’s MyJobMarket Agreement.

8 APPLICATION OF POLICIES

The parties incorporate by reference the applicable Policies.

9 GOVERNING LAW

The Task Contract is governed by the laws of the jurisdiction where the Posted Task was posted on the MyJobMarket Platform.

Revised 22 January 2024 copyright MyJobMarket 2024

APPENDIX B:

COUNTRY SPECIFIC TERMS

1. Australian Terms

If You are a User who has A MyJobMarket Platform account in (or the Services are performed in) Australia then the following terms will also apply to or may vary this Agreement to the extent specified:

a) a reference to “A$”, “AUD”, “$A”, “dollar” or “$” is to Australian currency;

b) “MyJobMarket” means MyJobMarket Ltd ACN 633 006 505;

c) “ACL” means the Australian Consumer Law;

d) “Consumer Guarantees” means the consumer guarantees contained in Part 3-2 of the ACL;

e) “Personal Information” has the same meaning given to it in the Privacy Act 1988 (Cth);

f) This Agreement is governed by the laws of New South Wales, Australia. You and MyJobMarket submit to the exclusive jurisdiction of the courts of New South Wales, Australia; and

g) The following is added as clause 3.3 in the Model Contract of Appendix A “3.3 The parties incorporate the Consumer Guarantees into the Task Contract, even if they are not already incorporated by law.”;

h) The exclusions and limitations of liability shall be as follows:

(1) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, MyJobMarket specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Hirers and Workers.
(2) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, MyJobMarket specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the MyJobMarket Platform.
(3) Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, MyJobMarket is not liable for any Consequential Loss arising out of or in any way connected with the MyJobMarket Services.
(4) Except for liability in relation to a breach of any Non-excludable Condition, MyJobMarket’s liability to any User of the MyJobMarket Service is limited to the total amount of payment made by that User to MyJobMarket during the twelve month period prior to any incident causing liability of MyJobMarket, or AUD$50.00, whichever is greater.
(5) MyJobMarket’s liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

MyJobMarket Glossary

“Agreement” means the most updated version of the agreement between MyJobMarket and a User.

“Agreed Price” means agreed price for Services (including any variation) but does not include any Service Fees or other costs incurred by the Worker when completing Services which the Hirer agrees to reimburse.

“MyJobMarket”, “we” “us” or “our” means the legal entity prescribed in Your Country Specific Terms.

“MyJobMarket Platform” means the MyJobMarket website at https://www.MyJobMarket.com.au/, MyJobMarket smartphone app, and any other affiliated platform that may be introduced from time to time.

“MyJobMarket Service” means the service of providing the MyJobMarket Platform, which for the avoidance of doubt, includes any features available on the MyJobMarket Platform for Users, such as payment processing functionality.

“Business Day” means a day on which banks are open for general business in the jurisdiction where Users have their MyJobMarket Platform account, other than a Saturday, Sunday or public holiday.

“Business Partner Contract” means a contract between a Business Partner and a Worker to perform Business Services.

“Business Partner” means the business or individual that enters into an agreement with MyJobMarket to acquire Business Services.

“Business Services” means Services provided by a Worker to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner’s customer).

“Consequential Loss” means any loss, damage or expense recoverable at law:

(a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
(b) which is a loss of:

a. opportunity or goodwill;
b. profits, anticipated savings or business;
c. data; or
d. value of any equipment, and any costs or expenses incurred in connection with the foregoing.

“Country Specific Terms” means those terms set out in Appendix B.

“Customer” means a User that uses the MyJobMarket Platform to search for particular Services.

“Fees” means all fees payable to MyJobMarket by Users including the Service Fee.

“Identity Verification Services” means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, MyJobMarket Badges and Verification Icons.

“Job Contract” means the separate contract which is formed between a Hirer and a Worker for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Job Contracts.

“Non-excludable Condition” means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.

“Offer” means an offer made by a Worker in response to a Posted Task to perform the Services.

“Payment Account” means the account operated by the Payment Provider.

“Payment Provider” means an entity appointed by MyJobMarket that manages and operates the Payment Account including accepting payments from and making payments to Users.

“Personal Information” has the same meaning as described in Your Country Specific Terms.

“Policies” means the policies posted by MyJobMarket on the MyJobMarket Platform, including but not limited to the Community Guidelines.

“Hirer” means a User that uses the MyJobMarket Platform to search for or roster particular Services.

“Posted Job” means the Hirer’s request for Services published on the Platform, and includes the deadline for completion, price and description of the Services to be provided.

“Reference” means a feature allowing a User to request other Users to post a reference on the MyJobMarket Platform endorsing that User.

“Role Page” means a page published by a Worker, containing details (including prices) of a service they are willing to provide to Hirers.

“Roster Fee” means the fee payable by the Hirer to MyJobMarket as consideration for the MyJobMarket Rostering Services (separate to the Agreed Price) which is displayed to a Hirer prior to entering into each Job Contract.

“Service Fee” means the fee payable by the Hirer to MyJobMarket as consideration for the MyJobMarket Recruitment Services (separate to the Agreed Price) which is a percentage of the price paid by a Hirer on completion of a recruited Worker’s first ten Job Contracts.

“Services” means the services to be rendered as described in the Posted Job, including any variations or amendments agreed before or subsequent to the creation of a Task Contract.

“Worker” means a User who provides Services to Hirers.

“Third Party Dispute Service” means a third party dispute resolution service provider used to resolve any disputes between Users.

“Third Party Service” means the promotions and links to services offered by third parties as may be featured on the MyJobMarket Platform from time to time.

“User” or “You” means the person who has signed up to use the MyJobMarket Platform, whether as the Hirer or Worker.

“Verification Icons” means the icons available to be displayed on a User’s profile and any such posts on the MyJobMarket Platform to confirm details such as a User’s qualification, license, certificate or other skill. Rules of Interpretation: In the MyJobMarket Agreement and all Policies, except where the context otherwise requires:

(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(d) the applicable currency shall be the currency specified in Your Country Specific Terms;
(e) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(f) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(g) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(h) headings are for ease of reference only and do not affect interpretation;
(i) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
(j) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.

Rules of Interpretation:

In the MyJobMarket Agreement and all Policies, except where the context otherwise requires:

(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(d) the applicable currency shall be the currency specified in Your Country Specific Terms;
(e) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(f) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(g) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(h) headings are for ease of reference only and do not affect interpretation;
(i) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
(j) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.