Fillin: Mobile App Terms and Conditions of Use

 

 

1.About the App

  1. The App is called Fillin (App). The App does the following:

  1. allows people searching for jobs to log in and create a profile (Seekers);

  2. allows parties looking for workers to post jobs (Employers); and

  3. introduces job Seekers with Employers posting jobs.

    1. The App is owned and operated by Fillin Jobs Australia Pty. Ltd. (ACN 613 623 377) (Fillin). Access to and use of the App, or any of its associated products or services (if any), is provided by Fillin. Please read these terms and conditions (Terms) carefully.

    2. By downloading or using, the App, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must not download the App or cease using the App immediately.

    3. Fillin reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Fillin updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

 

2.Acceptance of the Terms

  1. You accept the Terms by downloading or using the App. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Fillin in the user interface. 

  2. You may not use the App if you are under the age of 13. If you are 13 or over, but under 18, then your parent or legal guardian (Parent) accepts these Terms on your behalf and a contract is form between your Parent and Fillin in relation to your use of the App

 

3.The App

  1. In order to use the App, Seekers and Employers are required to register for an account through the App (Account).

  2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including: 

  1. your mobile phone number

  2. an email address

  3. your name

    1. Details of the information collected and how it is used and stored is located in our Privacy Policy. Please review the privacy policy to understand our data collection, use and sharing policy.

    2. You warrant that any information you give to Fillin in the course of completing the registration process will always be accurate, correct and up to date.

    3. Once you have completed the registration process, you will be a registered user of the App (User). 

    4. You may not use the App and may not accept the Terms if you are under 13 years of age.

    5. In consideration for Fillin granting you access to and use of the App, you agree that Fillin and its third party providers and partners may place such advertising on the App as it determines. The types and extent of advertising by Fillin on the App are subject to change. 

    6. As part of providing you the App, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the App and your account, which you may not be able to opt-out from receiving.

    7. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications sent via the App. You understand that by using the App, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, they may have been mislabelled or are otherwise deceptive. Under no circumstances will Fillin be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the App or broadcast elsewhere.

 

4.Your Obligations as a Seeker

  1. As a Seeker, if you find an Employer willing to hire you then you warrant that you will turn up to work at the appropriate time dressed ready to work.

  2. You warrant that you have not misrepresented your skills in any way and you are capable and or qualified to undertake the type of work you have been hired for.

  3. Once a Seeker has accepted a role with an Employer this creates a separate contract between the Employer and the Seeker, on a casual basis. The Employer does not guarantee that you will receive additional shifts or work from that Employer.  

 

5.Your Obligations as an Employer

  1. As an Employer you warrant that you will pay a Seeker who turns up to work the nominated shift.

  2. You may cancel any job post you have made through the App at any time and you may also cancel a shift at any time, but not less than 4 hours before a shift is meant to start.

 

6.Your obligations as a User

  1. As a User, you agree to comply with the following:

  1. you will not share your password or profile with any other person; 

  2. you will use the App only for purposes that are permitted by:

    1. the Terms; and 

    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

  3. you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your Account;

  4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Fillin of any unauthorised use of your password or email address or any breach of security of which you have become aware;

  5. you must not expressly or impliedly impersonate another User or use the profile or password of another User at any time; 

  6. you are responsible for your use of the App, for any Content you send via the App (if any), and for any consequences arising from you sending the Content;

  7. you agree not to harass, impersonate, stalk, or threaten another User of the App;

  8. access and use of the App is limited, non-transferable and allows for the sole use of the App by you for the purposes of providing the App;

  9. you will not use the App in connection with any commercial endeavours except those that are specifically endorsed or approved by Fillin;

  10. you will not use the App for any illegal and/or unauthorised activity; 

  11. you agree that commercial advertisements, affiliate links and other forms of advertising and solicitation may be shown to Users; and

  12. you acknowledge and agree that any automated use of the App is prohibited.

    1. Failure to abide by all clauses in section 4.1 may result in termination of your ability to use the App without notice.

    2. You agree by becoming a User that any use of the App is, at all times, at the discretion of Fillin.

    3. Appropriate legal action may be taken by Fillin for any illegal or unauthorised use of the App.

 

7.Prices and payment

  1. All prices payable for using the App are set out on the App. On registration Employers agree to pay for using the App in accordance with the pricing set out on the App from time to time and in accordance with the Services you purchase from the App.

  2. Our prices for Services may be changed by us at any time prior to you transacting on the App. We will never change the prices after you have entered into a transaction on the App.

  3. .

  4. Bank charges by the receiving bank on payments to us will be borne by us.

  5. If we owe you money we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.

 

8.Security of your credit card

  1. We take care to make the App safe for you to use when it comes to processing payments.

  2. Card payments are not processed by us. We use one or more online payment service providers, such as Stripe, who will encrypt your card or bank account details in a secure environment, to process payments through the App.

 

9.Copyright and Intellectual Property

  1. The App is subject to copyright. The material on the App is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the App, and features of the App (including but not limited to text, graphics, logos, button icons, video images, audio clips,  code, scripts, design elements and interactive features) are owned or controlled for these purposes by Fillin, and are reserved by Fillin or its contributors.

  2. Fillin  grants  you a worldwide, non-exclusive, royalty free, revocable license whilst you are a User to: 

  1. use the App pursuant to the Terms; and

  2. copy and store the App and the material contained in the App in your device's cache memory.

    1. Fillin does not grant you any other rights whatsoever in relation to the App. All other rights are expressly reserved by Fillin.

    2. Fillin retains all rights, title and interest in and to the App. Nothing you do on or in relation to the App will transfer any:

  1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or

  2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

  3. a thing, system or process that is the subject of a patent (whether registered or unregistered), registered design or copyright (or an adaptation or modification of such a thing, system or process);

to you. 

  1. You may not, without the prior written permission of Fillin and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the App for any purpose, unless otherwise provided by these Terms.

  2. Where the App allows it, if you send, upload, transmit, post or distribute Content on the App, then you grant to Fillin a non-exclusive, transferrable, perpetual, fee free and royalty-free, irrevocable, worldwide licence to use that Content so as to send that Content to Employers.

  3. You acknowledge and agree that

  1. Apple Inc. (Apple) and Google Inc (Google) are not a party to this agreement;

  2.  

  1. Fillin is solely responsible for the App;

  2. your ability to download the App through the Apple App Store means you are subject to the App Store Terms and Conditions;

  3. Your ability to download the App through Google Play means that you are subject to the Google Play Terms of Service;

  4. Apple, and Apple’s subsidiaries, Google and Google’s subsidiaries, are third party beneficiaries of these Terms, and, on your acceptance of these Terms, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary;

  5. in the event of a third party claim that the App or your or use of the App infringes that third party’s intellectual property rights, Fillin, not Apple or Google will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;

  6. Neither Apple nor Google has any obligation whatsoever to furnish any maintenance and support services with respect to the App.

 

10.Privacy

Fillin takes your privacy seriously and any information provided through your use of the App are subject to Fillin's Privacy Policy, which is available via the App.

 

11.General Disclaimer

  1. Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010, and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

  2. Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Unless the Statutory Rights apply, the services, and all other material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

  3. If your Statutory Rights apply because you are a consumer as defined in the ACL, then we guarantee that the services we supply to you:

    1. are rendered with due care and skill;

    2. will be fit for the purpose that we advertise; and

    3. will be supplied within a reasonable time.

  4. Use of the App and the App is at your own risk. To the extent permitted by law, everything on the App is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Fillin, nor Apple, nor Google make any express or implied representation or warranty about the App or any products or services referred to on the App (if any). This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: 

  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; 

  2. the accuracy, suitability or currency of any information on the App, or any related products (including third party material and advertisements on the App); and

  3. costs incurred as a result of you using the App.

    1. You acknowledge that Fillin and the App are only intended to facilitate interactions between Users and does not offer any services other than the App, and that Fillin is not liable to you as a result of any conduct of any User, including their Content, or the misuse of your Content by any party (including other User).

    2. You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Content posted via the App may not be controlled by Fillin, and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the App or obtained by you through the App is at your own risk.

 

12.Limitation of Liability

  1. Fillin's total liability arising out of or in connection with the App or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will always be limited to the amount paid by you to use the App, and if the App is free then limited to the amount of $1.

  2. You expressly understand and agree that Fillin, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other form of indirect loss.

  3. You acknowledge and agree that Fillin holds no liability for any loss or direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of you providing your Content to other Users via the App.

 

13.Termination of Contract

  1. If you want to terminate the Terms, simply uninstall the App and don’t download it again.

  2. Fillin may at any time, terminate the Terms with you if:

  3. you have breached any provision of the Terms or intend to breach any provision; 

  4. Fillin is required to do so by law; 

  5. the provision of the App to you by Fillin is, in the opinion of Fillin, no longer commercially viable.

  6. Subject to local applicable laws, Fillin reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the App or the App without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Fillin's name or reputation or violates the rights of those of another party.

  7. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Fillin have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

 

14.Indemnity

  1. You agree to indemnify Fillin, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:

    1. your use of the App

    2. your Content; 

    3. any subsequent issues that arise between Seekers and Employers (once an introduction has been made between Seekers and Employers by the App);

  2. any direct or indirect consequences of you accessing, using or transacting on the App or attempts to do so; and/or

  3. any breach of the Terms.

 

15.Warranty and Product Claims

  1. You agree that as between us and Apple, and as between us and Google, we are solely responsible for any product warranties pertaining to the App, whether express or implied by law, to the extent not otherwise effectively disclaimed hereunder. 

  2. 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:

  1. the Apple 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 will be our sole responsibility;

  2. the Google Play Store, refunds (if any) are available from Google in accordance with the Google Play Developer Distribution Agreement.

    1. You and us each acknowledge that as between you and us, we, not Apple or Google, are responsible for addressing any of your claims and of any third party relating to the App or your or their 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.

 

16.Dispute Resolution

  1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).

  1. Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

  1. Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

  1. Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

  2. If for any reason whatsoever, 60 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Law Society of New South Wales or his or her nominee;

  3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

  4. The mediation will be held in Sydney, New South Wales, Australia.

  5. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

  1. Termination of Mediation:

If 90 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

17.Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the App, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia. 

18.Governing Law

The Terms are governed by the laws of New South Wales, Australia.  Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

19.Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force. 

Fillin – Mobile Application Privacy Policy

 

We respect your privacy

  1. Fillin Jobs Australia Pty Ltd ACN 613 623 377 (Fillin) respects your right to privacy and is committed to safeguarding the privacy of our customers and software application (App) users. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

  2. "Personal information" is information we hold which is identifiable as being about you.

  3. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy.
     

Collection of personal information

  • Fillin will, from time to time, receive and store personal information you enter onto our App, provided to us directly or given to us in other forms.

  • You may provide basic information such as your name, phone number, address, profile photo and email address to enable the App to work for you and also to enable us to send information, provide updates and provide a service to you. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

  • Additionally, we may also collect any other information you provide while interacting with us.
     

How we collect your personal information

Fillin collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our App and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

 

Use of your personal information

  • Fillin may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

  • Fillin will not use your photos or videos in anyway.

  • The App may make third party social media features available to its users. We cannot ensure the security of any information you choose to make public in a social media feature. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy.

  • Fillin may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

 

Disclosure of your personal information

  1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors, product or marketing partners insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

  2.  

  1. Fillin may use personal information collected from you to develop or market products, services, merchandise and special offers made available by us or by third parties. Fillin may disclose your personal information to third parties for the purpose of those third parties marketing products or services to you.

  2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. 

  3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Fillin, its App, users of the App, website (if any) and customers or third parties.

  4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.

  5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

  6. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

 

Security of your personal information

  • Fillin is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

  • The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us.  Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

 

Access to your personal information

  1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at info@fill-in.com.au.

  2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth).

 

When you use our App

  1. When you use our App, we may collect certain information such as mobile unique device ID, the IP address of your mobile device, mobile operating system, the type of mobile internet browsers you use, and information about the way you use the App. This information is used in an aggregated manner to analyse how people use our App, such that we can improve our service.

 

Cookies

  1. We may from time to time use cookies on our App. Cookies are very small files which a website uses to identify you when you come back to the App and to store details about your use of the App. Cookies are not malicious programs that access or damage your computer, tablet or smartphone. Most devices automatically accept cookies but you can choose to reject cookies by changing your device settings. However, this may prevent you from taking full advantage of our App.

 

Automatic collection

  1. The App may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browsers you use, and information about the way you use the App.

 

Third parties

  1. Our App may, from time to time, have links to other applications or websites not owned or controlled by us. These links are meant for your convenience only. Links to third party applications and websites do not constitute sponsorship or endorsement or approval of these third parties. Please be aware that Fillin is not responsible for the privacy practices of other such applications or websites. We encourage our users to be aware, when they leave our App or website, to read the privacy statements of each and every application or website that collects personal identifiable information.

 

Geo-location

  1. When you visit or use the App, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within to:

  1. show your de-identified business on the map; or

  2. to show you jobs that are available near you;

  3. improve the user experience; or

  4. display a location map with relevant advertisements;

but in cases we will not share your current location with other users or partners.

 

Complaints about privacy

  1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to info@fill-in.com.au. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

 

Op out right

  1. You can stop all collection of information by the App easily by uninstalling the App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at info@fill-in.com.au.

 

Changes to Privacy Policy

  1. Please be aware that we may change this Privacy Policy in the future. We may modify this Privacy Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.