Terms of Service

1. Acceptance of Terms

By accessing and using JobMatch ABN [XX XXX XXX XXX] ("the Platform," "we," "our," or "us"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

These Terms of Service are governed by Australian law, including the Australian Consumer Law (ACL) contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the ACL that cannot be lawfully excluded.

2. Eligibility

To use JobMatch, you must:

• Be at least 16 years of age
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete registration information
• Comply with all applicable laws and regulations

3. User Accounts

Account Types

JobMatch offers three account types:

• Apprentice Accounts: For individuals seeking apprenticeship opportunities
• Employer Accounts: For businesses looking to hire apprentices

Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring all information provided is accurate and up-to-date

4. Subscription and Payment

Free Services

Apprentice accounts are free of charge with full access to platform features.

Paid Subscriptions

Employers must subscribe to a paid plan to access certain features:

• Subscription fees are billed monthly or annually as selected
• Payments are processed through secure third-party providers (Stripe, PayPal)
• All fees are displayed in Australian Dollars (AUD) inclusive of GST (10%)
• We will provide tax invoices for all subscription payments in accordance with Australian taxation law
• Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date
• Price changes will be notified at least 30 days in advance

Refund and Cooling-Off Policy

In accordance with Australian Consumer Law:

• First-time subscribers: 14-day money-back guarantee with full refund if cancelled within 14 days of initial purchase
• Unused services: You may request a pro-rata refund for unused subscription periods if you cancel your account
• Service failures: Full or partial refunds available if we fail to provide services of acceptable quality
• Processing time: Approved refunds will be processed within 10 business days

Nothing in this refund policy limits your rights under the Australian Consumer Law, including your rights to a remedy for major failures or defective services.

5. User Conduct

You agree not to:

• Provide false, misleading, or fraudulent information
• Impersonate any person or entity
• Harass, abuse, or harm other users
• Use the Platform for any illegal purposes
• Scrape, spider, or harvest user data
• Interfere with the Platform's security features
• Upload viruses or malicious code
• Spam or send unsolicited communications

6. Content and Intellectual Property

User Content

You retain ownership of content you upload but grant us a license to use, display, and distribute it for operating the Platform.

Platform Content

All Platform content, including logos, designs, text, and code, is owned by JobMatch and protected by intellectual property laws.

7. Matching and Communications

JobMatch facilitates connections between users but:

• We do not guarantee matches or employment outcomes
• We are not a party to any agreements between users
• We are not an employment agency or labour hire provider
• Users are responsible for their own interactions and decisions
• We recommend conducting due diligence before entering agreements

Employment and Apprenticeship Agreements

If you enter into an apprenticeship or employment arrangement through our platform:

• The arrangement is directly between the employer and apprentice
• All parties must comply with the Fair Work Act 2009 (Cth) and relevant Modern Awards
• Employers must provide appropriate training contracts and register apprenticeships with relevant state authorities
• We are not liable for any employment disputes, wage issues, or workplace matters
• We recommend seeking independent legal advice before entering any employment agreement

8. Verification and Background Checks

While we may verify certain user information:

• We do not conduct comprehensive background checks
• Users are responsible for verifying credentials
• We do not guarantee the accuracy of user-provided information

9. Privacy and Data Protection

Your use of JobMatch is also governed by our Privacy Policy. We collect and process data in accordance with applicable privacy laws.

10. Termination

By You

You may cancel your account at any time from your dashboard settings.

By Us

We may suspend or terminate your account if you:

• Violate these Terms of Service
• Engage in fraudulent or illegal activities
• Provide false information
• Fail to pay subscription fees

11. Consumer Guarantees

Under the Australian Consumer Law, consumers are entitled to certain guarantees that cannot be excluded, including:

• Services will be provided with due care and skill
• Services will be fit for the purpose you have made known to us
• Services will be delivered within a reasonable time

If we fail to comply with a consumer guarantee, you may be entitled to a remedy under the ACL. For major failures, you may cancel the service contract and obtain a refund or compensation. For minor failures, we will provide a remedy within a reasonable time.

12. Disclaimers and Limitations

Important: Nothing in these terms excludes, restricts, or modifies the consumer guarantees provided under the Australian Consumer Law.

Subject to the ACL and to the extent permitted by law:

• We do not guarantee uninterrupted or error-free service
• We do not guarantee successful matches or employment outcomes
• We are not responsible for the accuracy or reliability of user-provided content
• We do not verify the suitability of matched users for employment purposes

13. Limitation of Liability

Consumer Notice: If you are a consumer under the Australian Consumer Law, our liability for failure to comply with a consumer guarantee cannot be excluded. In that case, our liability is limited to the extent permitted by the ACL.

To the maximum extent permitted by law (excluding liability that cannot be limited under the ACL):

• Our total liability to you is limited to the fees you have paid to us in the 12 months before the claim
• We are not liable for indirect, incidental, special, or consequential damages
• We are not liable for loss of profits, data, revenue, or business opportunities
• We are not liable for damages arising from interactions between users
• We are not liable for third-party content, services, or conduct

These limitations do not apply to liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be limited under Australian law.

14. Indemnification

To the extent permitted by law, you agree to indemnify and hold JobMatch harmless from any claims, damages, or expenses arising from your use of the Platform, violation of these terms, or breach of any law or rights of a third party.

15. Governing Law and Jurisdiction

These Terms of Service are governed by the laws of New South Wales, Australia, including:

• Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010)
• Privacy Act 1988 (Cth)
• Spam Act 2003 (Cth)
• Fair Work Act 2009 (Cth) where applicable

You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning these Terms.

16. Dispute Resolution

Before commencing legal proceedings, you agree to attempt to resolve any dispute through the following process:

1. Informal Resolution: Contact us at [email protected] to discuss the issue
2. Negotiation: Both parties will negotiate in good faith for at least 30 days
3. Mediation: If unresolved, disputes may be referred to mediation
4. Legal Action: Either party may commence legal proceedings after exhausting the above steps

Small Business and Consumer Rights: Nothing in this clause prevents you from seeking assistance from the Australian Competition and Consumer Commission (ACCC), relevant state Fair Trading offices, or the Australian Small Business and Family Enterprise Ombudsman.

17. Changes to Terms

We may modify these Terms from time to time. We will provide notice of material changes by:

• Posting the updated Terms on our website with a new "Last updated" date
• Emailing registered users at least 30 days before changes take effect (for material changes)
• Displaying a prominent notice on the platform

Continued use of the Platform after changes take effect constitutes acceptance of the new terms. If you do not agree to the changes, you may cancel your account.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid under Australian law, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19. Contact Information

For questions about these Terms of Service, please contact us:

20. Regulatory Bodies and Consumer Protection

For consumer protection issues, complaints, or disputes, you may contact: