TERMS AND CONDITIONS – CENTRES
These Terms and Conditions were last updated on 28 March 2024.
Background
1.1. About this document
1.1.1. The Platform, including the App and the Website, are owned, and operated by Talent Now.
1.1.2. Please read the Terms and Conditions carefully as they contain important information about Your rights and obligations. By accessing the Platform or using the Services You acknowledge that You have read, understood and agree to be bound by the Terms and Conditions set out below and Our Privacy Policy located at: https://www.talentnow.com.au/privacy-policy/.
1.1.3. If You do not wish to be bound by the Terms and Conditions, then do not use the Platform or Services.
1.1.4. Talent Now reserves the right to amend these Terms and Conditions and Privacy Policy from time to time in its sole discretion. Changes take effect when posted on the Platform, so You should check them regularly.
1.1.5. If You do not understand any of the Terms and Conditions, or You have any questions, please contact Talent Now at: [email protected].
1.2 Services
1.2.1. In addition to being able to access and use the Platform, Talent Now provides two services or streams for Centres:
(a) a service where Centres are connected with Workers for a Centre to choose to engage Workers for employment directly with that Centre on terms to be agreed between the Worker and the Centre (Talent Now Connect); and
(b) a service where Talent Now places Workers with a Centre under a labour-hire arrangement for discrete and separate periods (Talent Now with Payroll).
1.2.2 These services are explained in more detail in this document.
1.3 Structure of this document
1.3.1 This document is structured in three sections:
(a) General Terms that apply to the use of the Platform and both services of Talent Now Connect and Talent Now with Payroll;
(b) Talent Now Connect specific terms;
(c) Talent Now with Payroll specific terms
SECTION A: GENERAL TERMS
2. Definitions and Interpretation
2.1. Definitions
In these Terms and Conditions, the following words have the following meanings:
ACECQA means the Australian Children’s Education & Care Quality Authority.
App means Talent Now’s mobile application that is available for download via the App Store or the Google Play Store.
Associated Entity has the meaning as set out in section 50AAA of the Corporations Act 2001 (Cth).
Centre means a User who uses or accesses the Platform to recruit or engage the services of a Worker as a childcare educator.
Data means any data that You input into the Platform or that is collected with Your authority.
Fees means the fees for the Services under each stream as published on the Platform or as otherwise agreed with Us or notified to You from time to time.
GST means Goods and Services Tax, or equivalent value added tax in Your jurisdiction.
Intellectual Property Right means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
Permanent Placement Fee means the fee charged by Us from time to time and payable by a Centre when it or an Associated Entity employs or contracts a Worker on a permanent, fixed term or temporary basis contrary to this document.
Platform means the platform through which Talent Now provides the Services and includes the Website and App which allows access using a computer or handheld smart device.
Services means the services offered by Us via the Platform which allows Workers to be registered on the Platform and for Centres / You to:
- connect with Workers, from time-to-time, to be engaged by You for discrete employment with the Centre – Talent Now Connect; and
- hire Workers of Talent Now to be placed at their Centre, from time to time – Talent Now with Payroll
Shift means work that takes place in a single day by a Worker.
Subscription Plans means subscriptions We offer to Centres for access to the Platform under the Talent Now Connect stream, being blocks of 12, 40, 100, 200 and 500 Shifts, with the plan expiring at the earlier of the specific number of Shifts being completed by Workers (as recorded via the Platform) or 365 days after commencement of the subscription period, whichever is earlier.
Talent Now, Us or We means Talent Now Pty Ltd (ABN 85 619 217 613).
Terms and Conditions means these terms and conditions.
Venue means the place or location at which childcare services are to be provided.
Website means Talent Now’s website located at talentnow.com.au.
Worker means a person who uses or accesses the Platform to seek work or employment as a childcare educator or teacher with or at a Centre.
Worker Classification means the classification assigned by Us for a Worker based on their education and experience and under applicable awards such as the Children’s Services Award and Education Services (Teachers) Award and in the case of students, classifications follow the ACECQA working towards policy.
You or User means all people who access or use the Platform and includes Centres. (Please note that Your and Users have corresponding meanings in these Terms and Conditions).
2.2. Interpretation
In these Terms and Conditions, unless the context otherwise requires:
2.2.1. a reference to a word in its singular form shall be taken to include its plural form, and vice versa;
2.2.2. the words “include”, “including” and “includes” are not words of limitation;
2.2.3. a reference to a party or person in these Terms and Conditions includes a reference to any agent of such party or person; and
2.2.4. a reference to these Terms and Conditions or any other document shall be taken to be reference to the most recent revision of the document referred to.
3. The Basics – About the Platform
3.1. The App and Website allow access to the Platform which enables Centres to interact with and recruit or engage Workers under either the Talent Now Connect or the Talent Now with Payroll stream.
3.2. Talent Now is not an agent for Centres or Workers, nor is it an agent for any third-party suppliers of other goods or services that may be advertised on the App.
3.3. We may add, remove or change the Services, including its features, its functions, and Our content, from time to time, at Our absolute discretion. If any such change reduces or materially adversely impacts the Services you are receiving we will notify You. Your continued use of our Services will be deemed as acceptance by You of such changes.
3.5. These Terms and Conditions govern the use of Our Platform and Services.
4. Mandatory Requirements Including Working with Children, ACECQA, Visa and Vaccination
4.1. Laws in each State and Territory govern and limit the ability of persons to work at Centres and be involved in child-related work. These laws require that Workers have certain qualifications and undergo certain identity, background and criminal checks, have the right to work in Australia, and also may require Workers to be vaccinated.
4.2. It is important to be aware that a working with children check in one State or Territory will not necessarily be valid for use in another State or Territory and that these checks expire after a certain period of time. Qualification requirements also differ between States. There are significant differences between the laws of each State and Territory. It is the responsibility of Centres and Workers to check and comply with the laws which apply to them.
4.3. We undertake initial checks to ascertain if a Worker has a working with children check, holds an ACECQA approved qualification or has a valid working visa. For the Talent Now Connect stream, Centres are obliged to check that any Worker has (and maintains) a valid working with children check for their State or Territory, has relevant qualifications and valid visa before engaging that Worker. We do not guarantee that such checks are valid or current at the time of engagement of the Worker by the Centre. For Talent Now with Payroll stream, We will ensure the Worker has (and maintains) a valid working with children check for their State or Territory, has relevant qualifications and valid visa at all times during their engagement.
4.4. Notwithstanding the above, We may, in our absolute discretion, require a Worker to provide evidence of their compliance with any working with children check, ACECQA and visa requirements, course enrolment documentation, academic transcripts, or any other relevant accreditation and suspend and/or terminate a User’s Account where such evidence is not provided.
5. Use of Platform
5.1. We may suspend or limit (in whole or part) Your access to the Platform including in line with any legal and regulatory obligations that Talent Now may have, or for a breach of these Terms and Conditions without any liability to You.
5.2. Subject to these Terms and Conditions, We grant You a non-exclusive, non-transferable, and limited right to access the Platform and use the Services.
5.3. Talent Now makes no guarantee the Platform will always be operational or that all the Services are always available on the Platform and you agree to the extent permitted by law, we are not liable for and you will not make any claim against Us if You are unable to access the Platform or Services.
5.4. You must elect to either use the Platform for Talent Now Connect or Talent Now with Payroll. A Centre cannot use both services or streams without the express written approval of Talent Now (and which may be subject to other terms and conditions as notified).
6. Our Fees and Charges
Talent Now Connect
6.1. Unless otherwise specifically stated on our invoice to You, You must pay the Fees plus any applicable GST for:
6.1.1. use of the Service when purchasing a Subscription Plan:
6.1.1.1. for the first time, as specified at the time of purchase; or
6.1.1.2. for a Subscription Plan renewal, within 7 days from the date We issue You a tax invoice; and
6.1.2. Permanent Placement Fees – within 14 days from the date We issue You a tax invoice; or
6.1.3. any other goods or services as specified on the tax invoice We issue to You.
Talent Now with Payroll
6.2. Unless otherwise specifically stated on our invoice to You, You must pay the Fees plus any applicable GST for:
6.2.1 use of the Service;
6.2.2. Permanent Placement Fees – within 14 days from the date We issue You a tax invoice; or
6.2.3. any other goods or services as specified on the tax invoice We issue to You.
Minimum engagement for a Worker under Talent Now Connect is three (3) hours and Talent Now with Payroll is four (4) hours.
Other terms
6.3. All Fees quoted are exclusive of GST.
6.4. We reserve the right to change the Fees at any time and will publish those changes on the Platform.
6.5. We will issue You with a tax invoice in respect of the Fees in accordance with the GST Act or taxes applicable in Your jurisdiction.
6.6. We may run temporary promotions and offer discounts. Such promotions and discounts may be subject to additional terms and conditions.
6.7. All times and dates specified in promotions are deemed to be the local time in Sydney, Australia, unless otherwise stated.
7. Usage, Restrictions, Obligations
7.1. Account Creation and Security
7.1.1. You must create an account to receive the Services and access the benefits of the Platform.
7.1.2. You may not create an account if You lack the capacity to enter into a binding agreement with Us.
7.1.3. In order to create an account, You must provide Us with Your full name, Your postal address, Your email address, Your mobile phone number and other information requested during the account registration process, which may include Your Service Approval Number or Provider Approval Number and details regarding the number of children You are authorised to care for. It may also include nominating authorised Users who are able to access Your account.
7.1.4. You warrant that all information You provide during the account registration process is accurate and that You will keep Your information up to date.
7.1.5. Your logon credentials must be kept confidential to You and Your authorised Users.
7.1.6. You must immediately notify Us of any unauthorised use of Your logon credentials or any other breach of security.
7.1.7. You agree that You are responsible for Your use and any activity that occurs as a result of the use of Your logon credentials.
7.2. Using the Platform
7.2.1. You must not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Platform and the Services in any way (or the servers and networks which are connected to the Platform) or use the Platform in a manner that adversely affects the availability of its resources to others.
7.2.2. We cannot guarantee that any file or program available for download and/or execution from or via Platform is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used.
7.2.3. The Platform and its contents are provided to You on an “as is” basis. The Platform, may contain errors, faults and inaccuracies and may not be complete and current.
7.2.4. You assume all risk of use of the Platform and Services, and to the maximum extent permitted by law, You release Us, our Associated Entities and our and their officers, employees, agents and contractors from all liability and responsibility of any loss or damage you may suffer from Your use of the Platform and Services.
7.2.5. Talent Now reserves the right to change the Platform, Website or App at any time.
7.2.6. You further agree that subject to any applicable laws:
7.2.6.1. You must only use the Platform and the Service for lawful purposes, in accordance with this Agreement and any condition posted on the Platform;
7.2.6.2. You must not provide false information when registering or changing Your registration details;
7.2.6.3. You must not attempt to undermine the security, functionality or integrity of Our systems and networks or, where the Services are hosted by a third-party, that third-party’s computing systems and networks;
7.2.6.4. You must not attempt to gain access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
7.2.6.5. You must not transmit, or input into the Platform, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use);
7.2.6.6. You must not use the Platform or any communication tool available on the Platform for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): the recruitment of permanent staff, offers of goods or services for sale, unsolicited commercial e-mail, content that may be offensive to any other Users of the Services or the Platform;
7.2.6.7. When You make any communication on the Platform, You represent that You are permitted to make such communication, and You recognise that We are under no obligation to ensure that the communications on the Platform are legitimate, or that they are related only to the use of the Services, however, We reserve the right to remove any communication at any time in Our sole discretion;
7.2.6.8. You must not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Platform except as is strictly necessary to use either of them for normal operation; and
7.2.6.9. You accept sole responsibility for the legality of Your actions under the laws which apply to You. You agree that We and Our directors, officers, employees, agents, contractors, successors, assignees and suppliers have no responsibility for the legality of Your actions. Moreover, You agree to comply with the laws and regulations of Your jurisdiction.
7.3. Obligations of Centres
7.3.1. Centres must:
7.3.1.1. satisfy and/or assess the suitability and appropriateness of any Worker from whom they acquire Childcare services, including the credentials, identity, background details, skills or expertise of that Worker;
7.3.1.2. provide appropriate inductions including instructions regarding the supervision, safety, transport, health, medical, dietary requirements or other matters regarding children to be cared for by a Worker;
7.3.1.3. comply with all laws relating to the acquisition and provision of childcare services;
7.3.1.4. comply with all laws relating to the engagement of Workers including those dealing with work health and safety and discrimination legislation;
7.3.1.5. ensure all Workers are covered by relevant workers’ compensation insurance (for the Talent Now Connect stream) and all other necessary insurances required by law (for both streams);
7.3.1.6. engage any Workers with a Talent Now account exclusively via the Platform, or advise Talent Now within 48 (forty-eight) hours if work has not been offered via the Platform;
7.3.1.7. not Engage Workers who have been introduced to the Centre via Talent Now for a period of 6 months following the date of the Worker’s last Shift with You or having otherwise been introduced by Us to the Centre directly or via interaction on the Platform (whichever occurs last), without paying the applicable Permanent Placement Fee. This is irrespective of whether the Centre or the Worker is a current User of the Platform or Services;
7.3.1.8. advise Us when a Worker is Engaged by it and pay the Permanent Placement Fee in accordance with clause 6;
7.3.1.9. ensure Workers (for the Talent Now Connect stream) are paid in the Centre’s next salary pay cycle or payment period and provided with payslips as required by law; and post on the Platform, Shifts for paid vocational placements, internships, work experience or trials but are not required to post such placements where they are unpaid.;
7.4.1. not pass on or resupply any Workers to perform services for a third-party, whether for profit or not.
7.4.2. If Centres fail to comply with the above clauses, We reserve the right to suspend Your access to the Service until such time as the failure is rectified and in the case of repeated failures, we may terminate your access to the Service.
7.5. Communications
7.5.1. You are exclusively responsible for ensuring that all communications You send using the Platform or to Us are true, complete and accurate. If You are or ought to be reasonably aware that a communication has been corrupted, You must re-transmit or re-send that communication as soon as practicable.
7.5.2. We are not responsible for the accuracy of anything another User posts or submits to the Platform, nor are We responsible for the online or offline conduct of other Users. We may, at our discretion, remove any post, submission or content which we deem in breach of these Terms and Conditions.
7.5.3. You agree not to use any of the communication services offered by the Platform to transmit or communicate inappropriate, unlawful or offensive material or to discriminate based on race, gender, sexuality, age, disability or any other attribute protected by law.
7.5.4. You agree not to engage in abusive, defamatory or harassing behaviour, or to engage in any other conduct that may bring Us into disrepute.
7.5.5. You agree that We may use electronic communications such as SMS text messages to provide you with job alerts and other messages about the Services that we offer. If you no longer wish to receive electronic communications from Us, You can send us an email at [email protected] or SMS in response to one of our messages as directed in the message which will either be to respond using the words ‘STOP’ or ‘UNSUBSCRIBE’. We will comply with your request as soon as reasonably practicable, within 5 working days.
7.5.6. If You choose not to receive electronic communications from Us, You may not receive the full benefit of, or We may not be able to provide You with some or all Services, or assistance in relation to the Services.
7.6 Provision of a safe workplace
7.6.1. Centres acknowledge and accept that, under work health and safety legislation, they have a duty to ensure, so far as is reasonably practicable, the safety of Workers at work at their Centres.
7.6.2. In accepting Workers to perform work at a Centre, You undertake to take all reasonably practicable steps to eliminate, or where that is not possible, minimise to the greatest extent possible, any and all risks to the health and safety of Workers while those Workers work in the Centre’s workplace, which will include (but is not limited to):
(a) undertaking and reviewing risk assessments on a regular basis;
(b) inducting Workers on the Centre’s work health and safety policies and procedures;
(c) providing Workers with all necessary work health and safety equipment and information to enable them to work safety without risk of injury or illness;
(d) maintaining and keeping up to date all safety policies, procedures and safety equipment.
7.6.3. Where practicable, Centres will consult, cooperate, and coordinate with Talent Now about work health and safety matters to the extent that it relates to or affects, or could affect, Talent Now and or Workers.
7.6.4. You will upon request of Talent Now provide Us with a copy of Your work health and safety policy, procedures and guidelines.
7.6.5. It is agreed that Workers will not attend the Centre if:
(a) their ability to function and work effectively and safely is limited, in which case We may replace them with another Worker; or
(b) it reasonably appears that the working environment at the Centre is or has become unsafe for any reason. In this circumstance, You remain liable to pay any Fee as a result of the work environment being unsafe until the environment is render safe or until the placement would have ended, whichever comes first.
7.6.6. Centres will promptly notify:
(a) Talent Now and Workers of any hazards and risks impacting, or having the potential to impact, on the health and safety of Workers at the Centre;
(b) Talent Now of any event that may give rise to a claim under any insurance policy or any workplace incident, including that may give rise to any injury or illness to a Worker, and provide full details of those matters to the relevant parties
8. User Ratings
8.1. Users may provide ratings of the Workers or Centres they have had dealings with on the Platform (User Ratings). User Ratings are aggregated to derive an aggregate score. These aggregate scores are published on the Service.
8.2. Users must provide only accurate and truthful User Ratings.
8.3. User Ratings that are posted on the Platform must only relate to genuine interactions. We do not tolerate spam or unsolicited commercial electronic communications of any kind.
8.4. We do not verify the accuracy or otherwise of User Ratings and You release Us from any and all liability in respect of a User Rating. We nevertheless reserve the right to disregard or remove a User Rating.
9. Cancellations
9.1. Centres cannot cancel a booking once it has been accepted by a Worker or Us, without first contacting Us and obtaining Our approval for the cancellation. Workers may cancel bookings, however they are actively discouraged from doing so. Centres and Workers should endeavour not cancel any bookings without at least 24 hours’ notice. If it is necessary to vary or cancel a booking, the party seeking to cancel must directly contact and inform the other party they wish to cancel and the reasons for it. The cancelling party must also advise Us of a cancellation and the reason for it.
10. Warranties You Make
10.1. You represent and warrant:
10.1.1. all information (including personal information) and data provided by You to Us through the Platform is true, accurate, complete and up to date;
10.1.2. You have read, understood and agreed to these Terms and Conditions;
10.1.3. You will not breach any law or agreement if You agree to an engagement with another User of the Service; and
10.1.4. You have and will continue to comply with all relevant laws.
11.0 Intellectual Property Rights
11.1. The Platform and all content forming part of the Platform, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trademark and other intellectual property laws.
11.2. You acknowledge and agree that We own, control or are the authorised users of all legal rights, title and interest in and related to the Platform, including all intellectual property rights. Nothing under these Terms and Conditions constitutes a transfer of ownership of Our or any third party’s intellectual property to You. Your use of the Platform and any intellectual property rights is limited to use of the Platform and Services as explicitly set out in these Terms and Conditions.
11.3. You may not:
11.3.1. modify or copy the layout or appearance of the Platform or any software or code contained in the Platform; or
11.3.2. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Platform.
11.4. If You post material to the Platform or correspond or otherwise communicate with Us, You automatically grant to Us an irrevocable, perpetual, non-exclusive, sub-licensable, royalty-free, world-wide licence to use, copy, reproduce, display and distribute the content of Your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Platform and developing Your ideas and suggestions for improved products or Services We provide.
12. The App Store and Google Play Store
12.1. By downloading and/or using the App, You agree that You have entered into an agreement with Us, and not with Apple or Google. We are solely responsible for any product warranties, if any, pertaining to the App, whether express or implied by law, to the extent they are not otherwise effectively disclaimed in these Terms and Conditions.
12.2. By downloading the App from the App Store or from Google Play, Talent Now grants You a non-transferable license to use the App on any iPhone or other relevant device that You own or control as permitted by the usage rules of the Google Play Store, the App Store, the App Store terms of service and the Google Play Store terms of service.
12.3. The parties (namely You and Us), acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the App.
12.4. In the event of any failure of the App to conform to any applicable warranty and where the warranty relates to Your use of a version of the App downloaded through the App Store You may notify Apple, and Apple will refund the purchase price for the App to You (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty, if any, will be our sole responsibility.
12.5. The parties acknowledge that Talent Now, and not Apple or Google, are responsible for addressing any of Your claims relating to the App or Your possession and/or operation of the App, including, but not limited to: (i) product liability claims made in respect of the App; (ii) any
claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the App.
12.6. The parties acknowledge that Talent Now, and not Apple or Google, are responsible for any claim that the App infringes any third party intellectual property rights and that Talent Now,
and not Apple or Google, will be solely responsible for the investigation, defence, settlement or discharge of any intellectual property infringement claim.
12.7. The parties each acknowledge and agree that Apple and Google, and Apple’s and Google’s respective subsidiaries, are third party beneficiaries of this Agreement, and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against You .
12.8. Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries. Google and Google Play are trademarks of Google Inc.
12.9. For the avoidance of doubt, the parties state that nothing in this clause is intended to limit, exclude or modify any other provision of these Terms and Conditions.
13.0 Third-Party Websites
13.1. The Platform may contain links to other websites controlled by third parties (Third-Party Websites).
13.2. Talent Now is not responsible for the content or privacy practices of Third-Party Websites.
13.3. Links to Third-Party Websites are provided solely for Your convenience and do not constitute, expressly or impliedly, an endorsement by Talent Now of the third party or the products or services provided by the third party or any affiliation between Talent Now and the third party.
13.4. You access Third-Party Websites and/or use those Third-Party Website’s products and services solely at Your own risk and should make Your own enquiries before relying on any content contained in such Third-Party Websites.
14. Availability, Withdrawal and Suspension of Service
14.1. Whilst We endeavour to provide continuous access to the Platform, We do not warrant that Your access will be safe, uninterrupted, timely, secure or error free.
14.2. Talent Now may at its discretion withdraw completely, or suspend for a period of time, the Platform, or Your access to it for any reason including without limitation:
14.2.1. if there is an interruption, system failure, fault, virus, maintenance or repair requirement, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
14.2.2. if You breach any part of these Terms and Conditions; or
14.2.3. if You use or assist others to use the Platform for an inappropriate or unlawful purpose, including the storage or transmission of inappropriate, unlawful or offensive material.
15. Exclusion and Limitation of Liability
15.1. We:
15.1.1. do not warrant that the Platform will be available at all times or that it will be provided without fault or disruption.
15.1.2. do not endorse or recommend any User;
15.1.3. do not warrant that We have reviewed, undertaken, verified or approved regulatory checks, the credentials, identity, background details, skills, expertise or experience of any User or that any User is in any respect compliant with regulatory requirements;
15.1.4. do not warrant that We believe the User is in all circumstances an appropriate person with whom You should be dealing with;
15.1.5. do not warrant that any User is suitable to be a User of the Platform; and
15.1.6. do not provide any training to Users in respect of the services they may provide.
15.2. Talent Now and its Associated Entities, affiliates, partners, directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, material or Services included on the App, except as otherwise provided under applicable non-excludable laws.
15.3. Subject to any rights You have under any consumer protection law, Talent Now excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.
15.4. Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, Our liability will be limited to that provided by law. Without limiting the foregoing, to the extent permitted by law, the liability of Talent Now for any claim will at all times be limited to supplying You the Services offered by Talent Now again.
15.5. To the maximum extent permitted by applicable law, Talent Now, and its Associated Entities, directors, officers, employees, agents, contractors, successors, or assigns will not be liable in any way to You or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with Your access and use of the Platform and Services.
15.6. You agree to accept sole responsibility for the legality of Your actions under the laws which apply to You. You agree that We, Our affiliates and related entities have no responsibility for the legality of Your actions.
16. Indemnity
16.1. You will at all times indemnify, and keep indemnified, Talent Now and Talent Now’s directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by You or by Us arising from any claim, demand, suit, action or proceeding by any person against You or Us where such loss or liability arose out of, in connection with or in respect of Your conduct or breach of these Terms and Conditions.
17. Termination
17.1. You may stop using the Platform at any time for any reason. To cancel Your account, please contact Us at [email protected]. Access to the Platform will be automatically suspended for Centres where the Centre has not paid its fee to renew any Subscription Plan prior to the due date.
18. General
18.1. These Terms and Conditions and Privacy Policy records the entire agreement between You and Us in relation to their subject matter. It supersedes all prior contracts, arrangements, understandings, or negotiations by, or between, You and Us in relation to the subject matter of these documents.
18.2. All warranties, releases, exclusions and limitations of liability, indemnities and terms with respect to intellectual property in this document will remain valid and binding following the end of Your use of the Platform or Services or termination of the agreement se Terms and Conditions. Any other provision by its nature intended to survive expiry or termination of Your use of the Platform or Services this document survives expiry or termination of this document.
18.3. Talent Now may give notice to You by electronic mail. You may give notice to Talent Now by electronic mail to [email protected].
18.4. Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.
18.5. A failure or delay by Talent Now to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Talent Now does not preclude its future exercise or the exercise of any power or right by or on behalf of Talent Now.
18.6. Your use of the Platform is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from Your use of this Platform and Services are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.
18.7. The Platform may be accessed throughout Australia and overseas. Talent Now makes no representations that the content of the Platform complies with the laws (including intellectual property laws) of any country outside Australia. If You access the Platform from outside Australia, You do so at Your own risk and are responsible for complying with the laws in the place where You access the Platform.
SECTION B: TALENT NOW CONNECT
19. General
19.1. Where the App and Website provides access to the Platform for Centres and Workers to connect and interact, Talent Now is not, and does not become, a party to any contractual relationship between the Centre and the Worker.
19.2. Once a Worker and Centre are connected, it is a matter for the Worker and Centre to enter into an employment relationship. The Centre must however make further bookings with Us to continue to engage the Worker or a Permanent Placement Fee is payable.
20. Talent Now is not the employer of the Worker
20.1. To avoid doubt, the Worker is not an employee of Talent Now when they use the Talent Now Connect stream.
20.2. Centres are free to agree the terms and conditions which apply to the terms upon which Workers will be engaged by a Centre. However, to engage a Worker, the Platform will require the Centre to input certain information for acceptance by a Worker including:
20.2.1 the duration of the engagement, including the date and time of when the work is to start and finish;
20.2.2 the Venue(s) at which the engagement will take place;
20.2.3 the award and classification which the Centre will apply; and
20.2.4 whether the Worker is to be paid award rates of pay, or above award rates of pay.
20.3. Save as set out in these Terms and Conditions, We do not mediate between the Centre and the Worker in the event of any dispute arising between them. Where a complaint is made, Talent Now will investigate the complaint to determine whether there has been a breach of the Terms and Conditions and make a determination in this regard. Any decision made by Talent Now regarding whether there has been a breach of the Terms and Conditions will be final.
20.4. Centres must provide us with a copy of the contract of Engagement within 14 days of the Worker commencing with the Centre under that contract of Engagement.
21.0 Fees
21.1. Depending on the Services You acquire, You may be charged the following Fee types:
21.1.1. Subscription Plans – You will be charged in advance of the commencement of the subscription period.
21.1.2. Permanent Placement Fees – are payable by a Centre where, within six (6) months of a Worker completing a Shift with the Centre or having otherwise been introduced by Us to the Centre directly or via interaction on the Platform (whichever occurs last), the Worker accepts an offer of engagement with the Centre or an Associated Entity to be employed or contracted on a permanent, fixed term or temporary basis (Engagement).
21.1.3. Provided the Centre has complied with clause 20.4, where a Worker is not Engaged on a full-time basis, the fees will be pro-rated, however, a minimum of seventy five percent (75%) of the Permanent Placement Fee will be charged. If the Centre has not provided a copy of the contract of employment, We reserve the right to not pro-rata the fees and charge the Permanent Placement Fee as if the Worker was employed on a full-time basis.
21.1.4. If a Worker ceases their Engagement within:
21.1.4.1. six (6) weeks of their start date, seventy percent (70%) of the Permanent Placement Fee will be refunded; or
21.1.4.2. twelve (12) weeks of the start date of their employment contract, thirty-five percent (35%) of the Permanent Placement Fee will be refunded.
21.1.5. Off-Platform Fee – If You do not comply with clause 7.3.1.6, We will charge a fee of $200 per Shift.
21.2. You will promptly notify Us if you are approached by a Worker for employment or work with You other than by the Platform or this Service.
22.0 Other matters
22.1. Centres are solely responsible for paying Workers engaged by them.
22.2. We do not get involved in payment or employment disputes between Centres and Workers.
22.3. If we provide Workers with a Worker Classification, it is only as general information and a guide for Centres when determining to engage a Worker and the likely cost for that Worker. We do not warrant Worker Classifications and each Centre must determine the appropriate level and remuneration for a Worker. If a Centre relies on a Worker Classification it does so at its own risk and releases us from any Claims in using Worker Classifications.
22.4. Each Centre using the Platform and Services warrants, and it is a condition of using the Platform that Centres comply with all legislative requirements relating to the employment of Workers, including the Fair Work Act 2009 and applicable discrimination and safety legislation.
22.5. Centres will ensure Workers are paid in the Centre’s next salary pay cycle or payment period and provided with payslips as required by law.
SECTION C: TALENT NOW WITH PAYROLL
23. General
23.1. Talent Now offers Workers, who are engaged by Talent Now as employees to be placed by Talent Now at a Centre to perform work for a discrete period as specified in any placement.
23.2. Any employment offers to a Worker by Talent Now is on a casual basis with no advance commitment to continuing and indefinite work. Centres must make no commitments or promises contrary to this position to Workers.
24. Centre obligations
24.1 Without limitation to anything in the General Terms, the Centre will:
24.1.1. provide to Talent Now full and accurate information necessary for the placement of a Worker at a Centre;
24.1.2. not allocate tasks or responsibilities to the Worker that is not in accordance with their placement, experience and skills;
24.1.3. properly induct, supervise and direct the Worker at all times in relation to the performance of work, including the use of any equipment;
24.1.4. comply with all relevant legislation, regulation, codes of practices and guides relating to employment, including under discrimination, employment and safety laws;
24.1.5. promptly notify Us of any changes to the placement, including any unusual workplace risk or practice or any change in site or safety conditions that may present a hazard to a Worker;
24.1.6. ensure that the Worker is covered by the Centre’s public liability, professional indemnity and motor vehicle policy (full comprehensive and third party);
24.1.7. promptly notify Us of any conduct or performance concerns relating to the Worker;
24.1.8. co-operate with any investigation or inquiry undertaken by Us in relation to Our Worker (current or former) that was placed at Your Centre;
24.1.9. maintain the confidentiality and privacy of information We provide to you about a Worker;
24.1.10. co-operate with Us if a Worker suffers an injury compensable under workers compensation legislation, including where practicable with rehabilitation of Our Worker by providing the Worker with suitable work (including light duties) at a Centre. If the work is at a lesser level and value, classification or remuneration that the pre-injury placement, then our Fee will be discounted to reflect that work being performed.
24.2 Without limitation to anything in the General Terms, the Centre will not:
24.2.1. while a Worker is placed at the Centre, offer the Worker employment or work directly with the Centre (or another Centre You operate) other than through the use of this Platform and Service;
24.2.2. offer a Worker that has been placed with You employment or work directly with the Centre (or another Centre You operate) and or engage a Worker, whether as an employee or on some other basis, for a period of 6 months following the date the Worker last performed any work for You or having otherwise been introduced by Us to the Centre directly or via interaction on the Platform (whichever occurs last), without paying the applicable Permanent Placement Fee. This is irrespective of whether the Centre or the Worker is a current User of the Platform or Services.
24.3. You will promptly notify Us if you are approached by a Worker for employment or work with You other than by the Platform or this Service.
25. Other matters
25.1. We make no representation or guarantee that any Worker will achieve a certain level of performance. We will make every reasonable effort to ensure the Worker suits the Centre’s requirements. You must however satisfy yourself that the Worker is suitable.
25.2. If You are not satisfied with one of Our Workers and want a replacement, You will:
25.2.1. speak to Us directly about the matter; and
25.2.2. not communicate anything to Our Worker, including indicating that their on-hire assignment will be cancelled or words to that effect.
25.3. You agree to work with Us to constructively and professionally resolve any concerns about performance in a manner that is consistent with good practice and employment laws, to ensure each party complies with their respective obligations. –
