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Overview

W-Birds is a mobile application that operates online allow user to connect JobSeekers and businesses to achieve their respective employment goals by downloading, installing, and using our app, you agree to be bound by these terms and conditions. These terms apply to all users, including JobSeekers and businesses. Please read these terms carefully before using the W-Birds app. Our terms are in full effect when you use either the website or the app.

We reserve the right to pursue legal action is you breach these terms. This include but is not limited to

  • Removal of your account and content on our platforms

  • Termination of use of our platforms

  • Removing or restricting your services

Binding Agreements and Variations

By using the W-Birds app, you agree to comply with these terms and conditions. This agreement constitutes a binding contract between you and W-Birds (ACN  674 390 357).

  1. We reserve the right to modify these terms at any time.

  2. Any changes will be effective immediately upon posting the revised terms on our website and the app.

  3. Your continued use of the app constitutes acceptance of the modified terms. If you do not agree to the new terms, please discontinue your use of the app.

  4. If we find that the changes we make to our terms impact our users and user experience, we aim to provide 30 days' prior notice before the changes take effect.

  5. Please read through our terms, including the community guidelines and privacy policy, before using our services.

  6. Use of our website and app is subject to other agreements, such as our marketing and advertising agreements.

Scope of Our Services

  • Basic Principles
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  • W-Birds is a map based mobile application that allows business to post roles to a varying degree of length within 3 km radius

  • JobSeekers can opt to connect with business and vice versa

  • Businesses have the ability to modify and update a job prior to making offers to JobSeekers

  • A contract is created when a business gives an offer to a JobSeeker and they accept it through the app.

  • Any negation of pay and contracts is done outside of the app as the app is there to facilitate a non-bias connection for employment.

  • The rating system is trigger after a time period of when an offer has been sent out an accepted. The user can choose to rate their experience with an employer as a way to
     

  • W-Birds obligations
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  • W-Birds only allows individuals over the age of 18 to create accounts and use our services

  • W-Birds in its own discretion can refuse a person or business to create accounts or suspend existing account if there is a breach of this agreement AND/OR the user has shown behaviours that are detrimental to the W-Birds Brand and community

  • There are no charges to create a JobSeeker or business account. there is charges for the following

    •  When a Business would like to post a role

    • Extend their 3km radius.

    • Post a job for more than 24 hours

    • For when a JobSeeker would like to remove their radius and connect with business outside their designated

    • For when either party wants to use the match me function

  • W-Birds does not take responsibility or liability for interactions, including what jobs are posted, messaging, an individual job experience,

  • W-Birds is not responsible for the truth or accuracy of any information provided by users. This includes the abilities of JobSeekers to fulfill a role and the honesty or payment ability of Posters and expectations of a role .

  • W-Birds 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.

  • By Using The W-Birds App you agree that:

    • W-Birds does not conduct any background checks on Users, including criminal records, qualifications, licenses, or any other checks to determine the suitability of Taskers or third-party service providers.

    • You are solely responsible for conducting any necessary background checks, and obtaining references, licenses, certifications, or proof of insurance before hiring a Tasker.

    • You are responsible for making your own evaluations, decisions, and assessments when choosing a whom you work with.

    • You assume all risks and agree to release, indemnify, and hold harmless W-Birds from any loss, liability, injury, death, damage, or costs related to the services provided through the platform

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  • User obligations:
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  • You will, at all times :

    • Comply to this agreement and our policies including community guidelines

  • We grant your limited and terminable, no exclusive rights to our app and website for your personal use and employment purposes

  • You agree to use the W-Birds app only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit the use and enjoyment of the app by others. Prohibited behaviours include but are not limited to:

    •  introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.

    • Disseminate any material that is unlawful, discriminatory, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that breaches any laws.

    • Aggregate, copy, or duplicate any content or information from our websites and apps, including expired job postings.

    • Reproduce any content for general use without permission.

    • Link to any content or information from our websites and apps unless we allow it;

    • Transmit material that encourages criminal conduct or breaches any applicable laws, regulations, or codes of practice.

    • Interfere with anyone else's use or enjoyment of our websites and apps.

    • Make, transmit, or store electronic copies of materials protected by copyright without the owner's permission.

  • You may not use data mining, robots, screen scraping, or similar automated tools to gather, extract, or publish information from our websites and apps. This includes using such tools to copy or reproduce content on your own website or in any other publication, unless you have our prior written consent.

Your use of our services

All Users agree NOT to:

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  • Transmit, Post, or Store Illegal Content: Don't share or store any content that violates laws, regulations, or our Privacy Policy, especially regarding personal information.

  • Compromise Security: Don't try to hack or bypass security on our websites and apps. This includes accessing data you’re not authorized to or disrupting services. Such actions can lead to legal consequences, and we will work with authorities if necessary.

  • Reverse Engineer: Don't try to reverse engineer or decompile our websites and apps.

  • Duplicate Content: Don't copy or reproduce any content from our websites and apps, including expired job postings, unless allowed by these Terms or another agreement.

  • Promote Illegal Activities: Don’t post content that promotes scams, false information, illegal activities, or political views. This includes providing instructions for illegal activities or promoting media piracy.

  • Impersonate Others: Don't post profiles or resumes or apply for jobs on behalf of someone else.

  • Share Login Details: Don’t share your login information with others.

  • Access Unauthorized Data: Don't access data or accounts you’re not authorized to.

  • Post False Information: Don’t submit inaccurate, incomplete, or misleading information.

  • Post Restricted Content: Don’t post content with restricted or password-only access, or hidden pages/images.

  • Solicit Login Details: Don’t ask other users for their login information.

  • Delete or Alter Content: Don’t delete or change content posted by others.

  • Harass Others: Don’t harass or promote harassment of any individual, group, or company.

  • Send Unsolicited Communications: Don’t send unsolicited messages, calls, or faxes promoting products or services.

  • Disrupt Services: Don’t interfere with our services by submitting viruses or causing overloading, spamming, or crashing.

  • Engage in Unlawful Activities: Don’t use our services for illegal purposes or post any offensive, abusive, or inappropriate content.

  • Post Fake Profiles: Don’t post fake profiles or resumes to advertise products or services.

Registering

To use our services such as the app means that you are of the legal age to use the app and you are able to legally enter and make decisions for a contract in the country that you live in

  1. Upon registration, the information that you provide is true and correct

  2. Please ensure that you update any changes that occur in you information so that we can provide you the right information and communicate with you through your desired methods

Passwords and security information

  1. Upon registration of the app, you will be asked to create an password. If you =r registration is through Apple ID or Google, your details will be the same as those. In order to keep your account secure and prevent privacy damages and/or a fraudulent event, we ask that you keep your information secure at all times. Do not disclose or share them with anyone

  2. If we suspect that a breach has, we will ask you to update your account.

  3. It is your responsibility to maintain you login information. You are also responsible for any activity that occurs in your account.

  4. You may update your password in the settings

  5. You must fully compensate us for any loss or damage we suffer as a direct result of your login details being compromised, unless we contributed to that loss or damage.

Intellectual property

All content, features, and functionality in the W-Birds app, including text, graphics, logos, images, and software, are the intellectual property of W-Birds or our licensors and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material in the app, except as follows:

Availability of the app and the website

  1. While we strive to ensure that the W-Birds app and is available at all times, we do not guarantee that the app or any content on it will always be available or be uninterrupted.

  2. We may suspend or restrict access to the app for business and operational reasons such as maintenance, updates, or system improvements without prior notice.

  3. We will not be liable to you if for any reason our app is unavailable at any time or for any period.

  4. You understand that we cannot guarantee that files available for download or sent via email through our websites and apps will be free of viruses, worms, Trojan horses, or other harmful code. It is your responsibility to take necessary steps to ensure the accuracy of your data and to keep backups of your data outside our websites and apps.

Marketing

By agreeing to these terms and conditions, you consent to receive marketing communications from W-Birds PTY LTD .These communications may include newsletters, promotions, updates, and other information about our products and services.

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1. Data Collection

  • We will collect the following personal data for marketing purposes:

    • Name

    • Email address

    • Phone number (optional

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2. Purpose of Data Use

Your personal data will be used solely for the following purposes:

  • Sending newsletters and promotional materials

  • Informing you about new products, services, and special offers

  • Providing updates and news related to our company

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3. Consent

By ticking the opt-in checkbox or clicking the opt-in button, you consent to receive marketing communications from W-Birds PTY LTD. Your consent is voluntary and can be withdrawn at any time.

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4. Opt-Out

You have the right to opt-out of receiving marketing communications from us at any time. You can do this by:

  • Clicking the "unsubscribe" link in any marketing email you receive from us

  • Contacting us directly at infor@w-birds.com

 

5. Data Protection

We take the protection of your personal data seriously. We implement appropriate technical and organisational measures to ensure your data is secure and protected against unauthorised access, alteration, or destruction. Please read our privacy policy for more information.

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6.Third-Party Sharing

We may share your personal data with third-party service providers who assist us in delivering marketing communications. These providers are obligated to protect your data and use it only for the purposes specified by us.

7. Legal Rights

You have the right to:

  • Access your personal data held by us

  • Request correction or deletion of your personal data

  • Object to the processing of your personal data for marketing purposes

  • Withdraw your consent at any time

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To exercise any of these rights, please contact us at info@w-birds.com

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By opting into our marketing communications, you acknowledge that you have read, understood, and agree to these terms and conditions.

Use of our app

Applicable Terms for JobSeekers

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As a JobSeeker, you agree to provide accurate and truthful information about your qualifications, experience, and any other relevant details. You must not post any content that is offensive, defamatory, or misleading. We reserve the right to remove any content that violates these terms or is otherwise inappropriate.

 

Applicable Terms for Businesses

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As a business, you agree to provide accurate information about job vacancies, including the nature of the work, required qualifications, and compensation details. You must not post any misleading or fraudulent job listings. We reserve the right to remove any job postings that violate these terms or are otherwise inappropriate.

 

User Content

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You retain ownership of any content you submit to the app. Your data will be stored in our data bases.

  1. by submitting content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the W-Birds app and our business, including for the purpose of promoting and redistributing part or all of the W-Birds app in any media formats and through any media channels.

  2. we may remove user content if we feel that it violates our terms of service, applicable law, rules and regulations, is abusive , aggressive , harms or threatens the safety of the W-Birds community.

  3. We may take any action with respect to User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content could create liability for us, damage our brand or public image, or cause us to lose Users.

  4. We are not responsible for the user’s honesty on their account and the information that choose to discuss or display. In saying this we do not endorse user behaviour and opinions that are exhibited on our websites and apps

Payments, Refund or Cancellation

  1. Payment for premium features and credits must be made through the app. Refunds will be provided at our discretion in accordance with Australian Consumer Law.

  2. You may cancel your subscription at any time, but no refunds will be issued for unused credits or partial months. We reserve the right to change our pricing at any time, with prior notice to users

Use of Credits

Credits purchased through the app can be used to access premium features. Credits are non-refundable and expire after one year from the date of purchase. Credits have no cash value and cannot be exchanged for cash or transferred to another account.

Our right to cancel or suspend your account

  1. If we find that the use of our app, websites and brand have been used unlawfully and breach our terms and condition, privacy policy or community guidelines, we may suspend your account  with us at our own discretion.

  2. You are free to cancel your account with us at any time.

Our liability

  • User Content and Job Listings: To the fullest extent allowed by law, we are not responsible for user content, the quality, safety, or legality of job postings or resumes, the truth or accuracy of listings, or the ability of employers to offer jobs or candidates to execute them. We make no representations about any jobs, profiles, resumes, or user content on our app.

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  • No Endorsements: We do not endorse or recommend any jobs, businesses, or self-employment opportunities advertised on our app.

    • Before entering into any agreements with advertisers, you should get independent legal, accounting, financial, or tax advice. It's your responsibility to evaluate the accuracy and usefulness of opinions, advice, services, merchandise, and other information provided through our app or the internet.

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  • Right to Remove Content: We reserve the right to remove any user content, including profiles or other material, from our app at our sole discretion. This may include content from employers in line with our Advertising Terms of Use.

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  • External Content: Our app may include content from other internet sites or resources. While we try to ensure this material is correct and of high quality, we do not make any promises or guarantees regarding it. If we are informed of inaccuracies, we will attempt to correct them as soon as possible.

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  • Risks with Interacting with Others: There are risks involved in dealing with strangers, underage persons, or those acting under false pretences.

    • You assume all risks associated with interacting with other users through our app. Other users' information may be offensive, harmful, inaccurate, or mislabelled. Please use caution and common sense when using our app.

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  • Accuracy of Content: Our app and content may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of our app or its content. Use of our app and content is at your own risk.

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  • No Endorsements of Users or Third Parties: Nothing on our app should be considered an endorsement, representation, or warranty with respect to any user or third party, their websites, products, services, hiring, experience, employment, or recruiting practices.

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  • Privacy and Security: While we take care to ensure the privacy and integrity of the information you provide; it is possible for this information to be unlawfully observed by third parties while in transit over the internet or while stored on our systems. We disclaim all liability to the fullest extent permitted by law if this occurs.

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  • Limitation of Liability: If we breach these terms or have any legal liability to you (to the extent it cannot be excluded by law), we will only be responsible for any losses you suffer as a direct result and to the extent they are foreseeable at the time you use our app. Our liability will not include business losses such as lost data, lost profits, or business interruption.

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  • Remedies for Breach: To the maximum extent permitted by law, our liability for breach of a term (whether implied or otherwise) that cannot be excluded by law is limited, at our option, to either supplying the products or services again or paying the cost of having the products or services supplied again.

Miscellaneous

  • You may not transfer any of your rights or obligations under these Terms to any other person. We may transfer our rights or obligations under these Terms to another business where we reasonably believe your rights will not be materially affected.

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  • If you breach these Terms and we do not act, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms.

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  • We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.

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  • If any of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provision not affected by such invalidity or unenforceability shall remain in full force and effect.

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