Terms Of Use

MiSTAFFING TERMS OF SERVICE 

Updated 21 April 2020 

1. Acceptance of Terms

 

1.1 Welcome to MiStaffing. MiStaffing enables Early Learning Centres (“ELC”) and families requiring in-home child care services (“Families”) to connect with and engage casual and permanent educator staff (“Educators”) to provide child care services and meet their employment needs.

1.2 These Terms of Service (“Terms”) apply to any person (including any ELC, Family and any Educator) who uses the MiStaffing Platform and App at www.mistaffing.com and each MiStaffing mobile application (altogether referred to herein as the “Platform”) and any and all services offered by MiStaffing (“MiStaffing Services”).

1.3 Please read all of these Terms together with our Privacy Policy carefully before using the Platform or MiStaffing Services. You understand that by clicking ‘accept’ on the Platform or the App or by continuing to use the Platform or MiStaffing Services, you are agreeing to be bound by these Terms and agree to be bound by the terms set out in our Privacy Policy.

1.4 If you are agreeing to these Terms on behalf of a business entity, you represent to us that you have legal authority to bind that entity.

1.5 If you do not accept these Terms, do not use the Platform or the MiStaffing Services. If you do not wish to continue to use the Platform, to the extent applicable, follow the process outlined in your account on the Platform to deactivate your account.

1.6 We reserve the right to remove any User from the Platform at any time.

1.7 We may change or modify these Terms at any time in accordance with clause 15.5 below.

 

2. Defined Terms

2.1 For the purpose of these Terms:
         (a)“Booking Confirmation” has the meaning given to that term in clause 8.4;

         (b)“Booking Fee” has the meaning given to that term in clause 8.2;

         (c)“Client” means an ELC or a Family (as applicable);
         (d)“Confidential Information” includes any information received or obtained:

                      (i) by MiStaffing from or on behalf of a Client in respect of any Job;

                      (ii)  by an Educator from or on behalf of a Client or MiStaffing in respect of any Job;

                      (iii)  by the Client from or on behalf of MiStaffing or an Educator in respect of any Job; and

                      (iv)  all non-public information pertaining to the Client (including any children), the Educator or MiStaffing.

         (e)  “Discloser” has the meaning given to that term in clause 7.1;

         (f)  “Educator” has the meaning given to that term in clause 1.1;

         (g)  “Educator Fee” has the meaning given to that term in clause 8.3;

         (h)  “Family” has the meaning given to that term in clause 1.1;

         (i)  “First Aid Certificate” means a current and valid statement of attainment in a recognised first aid training program that includes CPR, asthma and                anaphylaxis training;

         (j)  “Job” means either a shift or permanent employment or child care at home service arrangement, booking request or job posted or uploaded to,                  requested or booked via, the Platform by a Client and undertaken or provided by an Educator;

         (k)  “MiStaffing”, “we” or “our” means MiCare Global Pty Ltd ACN 166 860 439, the owner and operator of the Platform and provider of the MiStaffing                Services;

(l)  “MiStaffing Services” has the meaning given to that term in clause 1.2;

(m)  “Overtime” means any additional time (rounded to the nearest 30 minutes) that an Educator spends at a Job beyond the confirmed scheduled time;

(n)  “Platform” has the meaning given to that term in clause 1.2;

(o)  “Posted Content” means content transmitted or posted by a User on the Platform, or otherwise transmitted to any User by any other means, by any person;

(p)  “Privacy Policy has the meaning given to that term in clause 3;

(q)  “Qualifications” has the meaning given to that term in clause 5.1;

(r)  “Recipient” has the meaning given to that term in clause 7.1;

(s)  “Stripe” has the meaning given to that term in clause 8.6;

(t)  “Stripe Services Agreement” has the meaning given to that term in clause 8.6;

(u)  “you” or “your” or “User” means the person using or accessing the Platform or MiStaffing Services or any part thereof;

(v)  “Working with Children Card” refers to a card that is issued by the relevant State/Territory based child protection authority as proof that a person has had
a satisfactory Working with Children Check applicable to the State/Territory in which the Working with Children Card is issued; and

(w)  “Working with Children Check” refers to a full disclosure State/Territory wide check conducted by the relevant State/Territory based child protection authority in each State/Territory in which the Educator is offering child minding services via the Platform.

3. Privacy

The Platform is a product provided by MiCare Global. MiStaffing uses your personal information in accordance with the privacy policy at https://www.micareglobal.com/privacypolicy (“Privacy Policy”).

4. Your acknowledgement

4.1 Clients and Educators each acknowledge and agree that:

(a)  MiStaffing is not a party to and will not have any liability with respect to any Job as between Client and Educator;

(b)  all communications and bookings must be made between an Educator and the Client via the Platform, and all Jobs will only be sent via the Platform;

(c)  any terms agreed between the Client and Educator in relation to a Job will be binding on the Client and Educator and, to the extent that those terms conflict with these Terms, those terms will take priority as between Client and Educator (but shall not bind MiStaffing in any way);

(d)  MiStaffing relies on the information provided by Clients and Educators for each Job and which the Educator provides on the Platform;

(e)  MiStaffing makes no representations as to the reliability, capability, quality or qualifications of any Educator, and MiStaffing disclaims any and all liability relating thereto;

(f)  MiStaffing has no obligation to independently verify any information on the Platform posted by a User, including identities, qualifications or services advertised by Educators, and Users should conduct independent checks to verify the accuracy of all information; and

(g)  MiStaffing does not direct, has no control over, makes no representations, and does not guarantee the quality or safety of Educator services advertised, the truth or accuracy of listings, the qualifications, background or identities of Educators or the ability of Educators to deliver child-minding services.

 

4.2 Each User acknowledges and agree that:

(a)  they are responsible for the content, accuracy and completeness of any data or information they enter on the Platform or provide to MiStaffing or another User and they promise that such data or information that they enter into the Platform or otherwise provide to MiStaffing or a User is accurate, up to date, not misleading or deceptive in any way, and does not contravene any applicable law or infringe any third party’s rights;

(b)  they will not transmit any material on the Platform that is unlawful, harmful or threatening, defamatory, obscene, in breach of any third party right, or harassing abusive or discriminatory;

(c)  they will not engage in any activity that facilitates any illegal activity, depicts sexually explicit images, promotes unlawful conduct, is discriminatory, or causes injury or damage to any person or property;

(d)  the confidentiality and security of their login passwords and details is solely their own responsibility;

(e)  all activity that occurs under their account on the Platform is solely at their own risk;

(f)  after the end of each session, they will securely log off from their account;

(g)  if they become aware of any unauthorised use of their account, they will immediately notify MiStaffing;

(h)  they will only use the Platform for lawful purposes;

(i)  they will not transfer or sell any information, functionality or services offered on the Platform or purport to grant to a third party any right to access or use of the Platform except as permitted by MiStaffing;

(j)  they will not do anything which is intended or reasonably likely to damage, impair, interrupt or interfere with the Platform or the computer equipment on which the Platform is hosted or where its databases and code are located;

(k)  they will not modify, copy, distribute, decompile, disassemble, reverse engineer, transmit, display, perform, reproduce, publish or license any material from the Platform, integrate the Platform with or into any other software, or create a derivative work from the Platform or its content by any means; and

(l)  they will not violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right. 4.3  By using the Platform, Users expressly authorise MiStaffing to collect and publish information about them as detailed in these Terms and the Privacy Policy and waive any rights, whether in statute or at common law, to bring any legal action against MiStaffing as a result of MiStaffing’s publication of such information.

4.4  Clients and Educators must use the Platform to agree or arrange all child care or related services with other Users introduced to them via the Platform

4.5  Should you breach your obligations under clause 4.4, in addition to any other rights MiStaffing may have:

              (a)  you will be liable to pay us the fees and charges that would have been applicable had the relevant booking or arrangement been made via the                   Platform; and

              (b)  MiStaffing may terminate your account on the Platform in accordance with clause 12.

5. Educator provisions

5.1 MiStaffing provides Educators with the opportunity to be registered and offer child care services on the Platform as an Educator. You shall only be entitled to accept Jobs as an Educator on the Platform if you are over the age of 18, are legally entitled to work in Australia, and you have successfully:

              (a) completed the registration process, including but not limited to, uploading a legal photo identification, providing details of a current Working                       with Children Card as proof that you have satisfactorily completed a Working with Children Check, providing all relevant qualifications and certificate                 and providing a short description of your past experience (“Qualifications”);

              (b)  confirmed that you are over 18 and legally entitled to work;

              (c)  agreed to these Terms; and

              (d)  received email confirmation from MiStaffing verifying your account details.

5.2 In providing your qualifications under clause 5.1, you agree and acknowledge that you:

             (a)  are not impersonating any person;

             (b)  are not violating any applicable law regarding use of personal or identification information; and

             (c)  will provide, on demand from MiStaffing and or the Client, verification of your Qualifications in such form as required by MiStaffing.

5.3  We may from time to time, make our own enquiries as to the completeness, accuracy or truthfulness of your Qualifications. If we request evidence and you fail to provide it within the requested time, we may suspend or cancel your account (without prejudice to any other remedies we may have). MiStaffing may also engage a third party to assist with, or otherwise carry out an independent verification of, your Qualifications.

5.4  By posting your availability on the Platform, you thereby represent that to the best of your knowledge, you are available at the times and dates you have specified. Clients may have you listed as a ‘favourite’ meaning you may already be known and approved by the Client. If you are invited to a Job as a ‘favourite’ you are able to accept that job directly. If the job is sent to the ‘MiStaffing Global Pool’ the Educator will be invited to apply for that Job. The Client may then view your profile and accept or ignore the Job application.

5.5  MiStaffing makes no representation regarding the frequency, quantity or type of invitations to Jobs you will receive or in which you will be chosen to participate.

5.6  Once a Job is confirmed it is your responsibility to ensure that you are able to make yourself available to attend the scheduled Job at the location, time and date agreed with the Client. If you cancel a Job once you have entered into a booking commitment with a Client, clause 9 will apply.

5.7  Only the Educator that is approved by MiStaffing, and no other person, may attend the location during the booked Job period. Failure to adhere to this requirement will result in the suspension and possible termination of the Educator’s account.

5.8  A Job is ‘commenced’ and ‘closed’ when both parties agree via the Platform.

5.9  Educators must act with the utmost professionalism and courtesy in any dealings with Clients (including their children) and with MiStaffing. In performing any Job for a Client, you must:

           (a)  use a high standard of care and skill to be expected of a qualified and experienced child care provider;

           (b)  make all necessary enquiries of the Client to ascertain the Client’s requirements; and

           (c)  comply with all applicable laws and regulatory requirements.

5.10 Unless permitted in writing by the Client, you will not refer to the Client or any

children in any website, social media or other publication outside of the Platform.

5.11  You agree that you will not provide any false or misleading information or information which may mislead or deceive MiStaffing, Clients or any other party in respect of any Job.

5.12  You may use the MiStaffing Services and Platform only in strict accordance with these Terms, and you agree that you will not use MiStaffing Services or Platform to compete directly or indirectly with MiStaffing or any of the MiStaffing Services.

5.13  You understand that a cancellation, late arrival or failure to arrive to a confirmed Job will likely result in negative ratings and feedback being provided by the Client. MiStaffing accepts no responsibility for negative ratings in any circumstances and has no obligation to change any negative ratings that result from cancellations, late-arrivals or no-shows.

5.14  You must always carry a copy of your identification, Working with Children Card and First Aid Certificate (if you have one) to a confirmed Job in the event a Client wishes to sight these documents.

5.15  Any services performed on a Job facilitated through MiStaffing shall be performed as an independent contractor of the Client, and you are not and shall not be deemed to be an employee or agent of MiStaffing or of any Client. You shall not be entitled to any benefits provided by MiStaffing to its employees, and MiStaffing will not make deductions from any of the payments due to you for income tax, insurance or similar purposes except if required by law.

 

6. Client provisions

6.1  MiStaffing provides ELC’s and Families with the opportunity to be registered on the Platform for the purpose of reviewing and accessing Educator profiles, seeking out Educators, or otherwise connecting with Educators, for the purpose of engaging an Educator for a Job.

6.2  You shall only be entitled to post Jobs on the Platform as a Client once you have successfully completed the Platform registration, agreed to these Terms and we have verified your account. You will receive an email notification from us confirming your registration.

6.3  On the Platform, Clients have the option to either:

          (a)  invite Educators as a ‘favourite’ to accept a Job, where the Educator may either accept or ignore the Job; or

          (b)  forward the job onto the ‘MiStaffing Global Pool’ where an available Educator may apply for that Job. The Client may then view that Educator’s                     profile and either approve or ignore the application.

6.4  In addition, if you need a recurring ongoing care arrangement, you can use MiStaffing to set up such an arrangement and find Educators who are available to assist. All you need to do is contact us at info@mistaffing.com and we can arrange accordingly.

6.5  Clients must act with utmost professionalism and courtesy in dealings with MiStaffing and with Educators. In using the MiStaffing Services, you must:

           (a)  use clear, complete and accurate information to describe a Job; and

           (b)  make all necessary enquiries and satisfy yourself as to whether the Educator meets your requirements.

6.6  All bookings, payments and correspondence between Clients and Educators must be made using the Platform.

6.7  When the Client is a Family, they must agree in advance with the Educator on the Platform the number of hours and the hourly / daily rate for each Job. If an Educator is required for more hours than initially agreed, the Client must pay for overtime in accordance with clause 8.5 below. Educators have the ability to amend a confirmed Job for overtime at the completion of the Job.

6.8  Clients must ensure the health and safety of anyone covered by a Job, including the children and the Educator who is providing the services set out in the Job description. If the Client is an ELC, it must ensure that the Educator is compliant with all relevant ELC Induction / On-Boarding / Payroll and HR requirements. The Client is solely responsible for providing a safe and healthy environment for the Educator and all children covered by the Job and shall bear all risk and liabilities in respect of injury or death at the Job location of such Educator.

6.9  MiStaffing recommends that each Client:

           (a)  updates their home and contents insurance for any possible accidental or negligent property damage. Under no circumstances is MiStaffing liable                for any property damage, personal injury, illness or death caused by any acts or omissions of an Educator; and

           (b)  verify their Educator’s identification and checks their Working with Children Card prior to the Educator commencing a Job.

 

7. Confidentiality

7.1  This clause applies in respect of Confidential Information disclosed to a User (“Recipient”) by a Client, Educator, MiStaffing or any third party (“Discloser”) under or in accordance with these Terms.

7.2  A Recipient must not use, disclose, solicit, make available or misappropriate, directly or indirectly, any Confidential Information of a Discloser without the Discloser’s prior written permission except as required by applicable law, regulation or legal process.

7.3  Where the Recipient is legally required to disclose the Confidential Information, the Recipient shall inform the Discloser of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.

7.4  The Recipient must notify the Discloser immediately upon becoming aware of a suspected or actual breach of this clause 7.

 

8. Fee and payments

8.1 There are no fees or charges associated with:

             (a)  a party registering as a Client or Educator on the Platform; or

             (b)  a Client posting in-home care Jobs on the Platform.

8.2 Each party acknowledges that MiStaffing shall be entitled to charge:

             (a)  an amount equal to $2.50 exclusive of GST per hour (“Booking Fee”) for each agreed Job relating to in-home care services;

             (b)  the Client $4.00 (exclusive of GST) for each Job which is accepted on the Platform;

             (c)  the Client $4.00 (exclusive of GST) upon connecting a Client to Educators in the MiStaffing Global Pool;

             (d)  an ELC a subscription fee of $12.99 per ELC per month; and

             (e)  the Client an agreed fee for the purchase of Permanent Job ads transacted through the MiStaffing payment gateway, Stripe Australia (as set out                  in clause 8.6).

8.3  The Client and Educator shall negotiate and agree the hourly, daily or other rates in respect of each Job (“Educator Fee”). The Client will state its preferred Educator Fee and the Educator will agree to or negotiate this rate once they accept the Job.

8.4  Key details of each Job including the commencement date and start time, duration, location and pricing must be agreed and formalised between the Client and Educator on the Platform prior to commencement of a Job. Unless otherwise agreed between the Client and Educator, the Educator Fees are exclusive of GST.

8.5  Overtime shall accrue at increments of 30 minutes of the agreed hourly rate if the Job extends over the agreed time set out in the Job. For example, if Client returns home 31 minutes after the agreed time, they will incur a full hour’s fee.

8.6  Each Client and Educator acknowledges that payment processing services on the Platform are provided by a third-party payment service provider Stripe Payments Australia Pty Ltd (“Stripe”) and are subject to the Stripe Connected Account Agreement including the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). In the event an international credit card is used to process payment, a merchant fee (which as at the date of these Terms was 2.9% plus 30 cents) will apply to the transaction and be payable by the User.

8.7  By agreeing to these Terms or continuing to use the Platform, each Client and Educator agrees to be bound by the Stripe Services Agreement, as modified from time to time. As a condition of MiStaffing enabling payment processing services through Stripe, each Client and Educator agrees to provide MiStaffing accurate and complete information and authorises MiStaffing to share it as well as transaction information related to the Client or Educator’s use of the payment processing services provided by Stripe. You acknowledge that MiStaffing is not a party to the Stripe Services Agreement and that you (whether you be a Client or Educator), Stripe and any other party listed in the Stripe Services Agreement are the parties to the Stripe Services Agreement and MiStaffing has no obligations or liability to any Client or Educator under the Stripe Services Agreement.

8.8  A Client of in-home care services must pay all Educator Fees through the Platform utilising Stripe at the time of the agreed ‘Job Commencement’ in the Platform. The Client understands that at this time the Client’s credit card will be charged automatically, with the funds being held by MiStaffing until payment is released to the Educator after completion of the Job pursuant to clause 5.8

above.

8.9  Within 72 hours after MiStaffing receives confirmation from the Client that a Job has been acknowledge as being completed on the Platform and the time recorded for the completed Job is correct, Client authorises MiStaffing to provide the Client’s payment details to Stripe for processing of Educator Fees in accordance with the Stripe Services Agreement. The Client and Educator acknowledge that the Educator will be paid an amount equal to the Educator Fee minus the Booking Fee for the relevant Job.

8.10  The Client and Educator will be responsible for determining whether they are required by applicable law to remit any taxes to the appropriate authorities, and if so, to pay when due all taxes for which the Client and the Educator are respectively liable in relation to the performance of a Job.

8.11  Clients and Educators agree to indemnify, defend and hold harmless MiStaffing (and its officers, employees and agents) from and against any and all claims, damages, liabilities, losses, settlements, costs, taxes, levies, charges, penalties and expenses which arise out of payments made to Educators by Clients, including but not limited to, any payroll tax, superannuation, GST or PAYG obligations.

 

9. Refunds and cancellation

9.1 A refund will be provided to the Client:

              (a)  if an Educator fails to show up for a confirmed Job for any reason, without providing a cancellation notice – 100% of amounts (if any) paid by                    Client for that Job will be refunded to Client; and

              (b)  where the Educator requests the Client for them to return home early–a partial refund will be provided to the Client based on the actual number                of hours that the Educator worked; and

              (c)  where the Educator arrives late, the Client may:

                     (i)  request a refund (based on 30-minute increments) for the time that the Educator was absent; or

                     (ii)  request the Educator to extend the finish time to accommodate the late arrival, in which case no refund will be provided.

9.2 A refund, either whole or in part, will not be provided to the Client where:

             (a)  the Client arrives home early and a booking finishes before its scheduled time; or

             (b)  where the Educator cancels before commencement of a Job or partway through a Job (as applicable) due to unreasonable, unsafe or unhealthy                  working conditions, change of location by the Client after Booking Confirmation, change of job description after Booking Confirmation or if MiStaffing                believes the Educator has been mistreated in any way or is at risk of being in an unsafe or unhealthy work environment.

             (c)  If a Client cancels a confirmed booking at any time for any reason, prior to commencement, MiStaffing will provide the Client with a refund of                   any amount paid by the Client for the cancelled booking but MiStaffing may (in its absolute discretion) retain the $4.00 connection fee. Where a                       Client cancels a confirmed booking, the Educator acknowledges that the Educator will not be paid any Educator Fee or such other amount from the                   Client and/or MiStaffing. Cancellations must be agreed by both Client and Educator in writing, prior to start time, otherwise, it will be assumed the                   booking proceeded and in this event, Educator will receive full payment as if the booking went ahead.

             (d)  MiStaffing is not responsible for cancellations by a Client or cancellations or no-shows by an Educator.

             (e)  MiStaffing reserves its right to cancel any Jobs immediately if it reasonably considers an Educator has been mistreated, found to be working in                   an unsafe or unhealthy environment or is harmed in any way. Clients understand that there will be no refund in these circumstances.

             (f)  Clients understand that:

                            (i)  MiStaffing is a matching service only and cannot control the availability of the Educators listed on the Platform; and

                           (ii)  where an Educator cancels a confirmed Job, the Client may elect to find another suitable replacement or otherwise request a refund (if                              applicable) pursuant to clause 9.1 above. 

10. Complaints and feedback and reviews

10.1  Clients and Educators have the ability to post feedback and reviews of the Platform or MiStaffing Services by submitting a complaint to MiStaffing at info@mistaffing.com

10.2  When posting feedback or reviews, Clients and Educators must adhere to the conduct requirements set out in clause 4.2 above.

10.3  MiStaffing reserves the right to publish feedback and reviews on the Platform, or anywhere else, at its sole discretion.

10.4  MiStaffing reserves the right to remove any feedback or reviews published on the Platform without notice or warning and may suspend or terminate an account for any breach of these Terms.

 

11. Suspension

11.1 MiStaffing reserves the right to suspend a User’s account on the Platform in the event that:

          (a)  it is assessing a complaint in accordance with clause 10;

          (b)  there is a pending dispute with another User, MiStaffing or any other third party;

          (c)  the Client or Educator receives feedback with respect to a User that brings, or is likely to bring, MiStaffing into disrepute; and/or

          (d)  the Client or Educator receives consistent negative feedback with respect to a User that MiStaffing, in its sole discretion, does not reasonably                     believe to be reflective of reasonable conduct of a Client or Educator in the circumstances.

11.2 If a User’s account is suspended, MiStaffing may remove their profile from the Platform until MiStaffing notifies the User in writing that the suspension has been lifted.

12. Termination

12.1 MiStaffing may terminate a User’s account immediately at any time on reasonable grounds by providing written notice to that User, if:

          (a)  the User breaches these Terms, including by failing to show up for a Job or ending a Job earlier as described in clause 9.1; or

          (b)  MiStaffing otherwise believes that a User is acting unreasonably or is unfit to remain a User of the Platform.

12.2 MiStaffing also reserves the right to, without limitation, do any or all of the following in relation to a User:

          (a)  suspend your account;

          (b)  permanently or temporarily hide all or part of your profile;

          (c)  modify your profile;

          (d)  deactivate your account if you have not used the Platform for a period of time and are deemed inactive; and/or

          (e)  permanently or temporarily block your access to all or part of the Platform.

12.3 A User may terminate their account on the Platform at any time on written notice. Termination does not affect each party’s rights and obligations accrued before the termination date.

13. Intellectual Property

13.1  Title to, and all intellectual property rights in, the Platform, and all related and underlying systems which we create, modify, provide or license to you in providing the MiStaffing Services is and remains the exclusive property of MiStaffing (and its licensors). MiStaffing grants each User a non-exclusive, non- transferable, royalty free licence to use the Platform for the purpose set out in these Terms.

13.2  Subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, you must not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the Platform in your browser), store, modify, distribute, print, upload, display, publish or create derivative works from any part of the Platform or commercialise any information obtained from any part of the Platform without MiStaffing’s prior written consent, in the case of any third party material, from the owner of the intellectual property rights in that material.

13.3  You must not do anything which jeopardises or interferes with our ownership of our intellectual property rights.

13.4  Notwithstanding clause 13.1, all intellectual property rights in any Posted Content shall remain with the User. You hereby grant MiStaffing an unconditional, perpetual, world-wide, irrevocable, and royalty free licence and right to use, display, copy, modify, adapt, reproduce, commercialise, sub-licence prepare derivative works, display and publish all such intellectual property rights and that content forming all or part of the Posted Content, for any purpose.

 

14. Liability

14.1 You are solely responsible for all decisions you make in connection with the MiStaffing Services and any other services you choose to purchase as a Client or provide as an Educator on the Platform. MiStaffing does not provide advice in relation to the suitability of an Educator, Job or Client, or any Posted Content nor do we consider any of Client’s or Educator’s individual circumstances when providing the MiStaffing Services.

14.2  You agree to indemnify, defend and hold harmless MiStaffing and its personnel from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses which arise out of relate to your use of the Platform or your conduct in connection with the Platform, including any breach by you of these Terms.

14.3  To the maximum extent permitted by law:

               (a)  MiStaffing will not be liable for any loss or damage incurred as a result of, or in connection with:

                        (i)  the availability (or lack thereof) of the Platform;

                        (ii)  any Job, the scope of any Job or any changes to a Job;

                        (iii)  any services provided by an Educator;

                        (iv)  the accuracy of information, including the Educator’s profiles, background, capabilities provided to or by a Client or Educator;

                        (v)  any claims arising out of or in connection with these Terms, any of the subject- matter of the Educator’s services or a Job, for breach of                             law, contract, negligence or any other liability whatsoever; or

                        (vi)  any other terms of engagement for a Job agreed to between a Client and Educator.

              (b)  MiStaffing excludes all implied representations and warranties which might apply in relation to a User of the Platform. Other than expressly                       provided in these Terms, we make no warranties, express or implied representations or guarantees as to merchantability and/or fitness for any                       purpose and we do not guarantee that our services are error free.

              (c)  MiStaffing’s maximum aggregate liability to a User under or in connection with these Terms, the Platform, whether in contract, tort (including                     negligence), breach of statutory duty or otherwise, is capped to the total amount paid by the User (if any) for any chargeable service or feature on                  the Platform purchased by the User.

14.4  The Australian Consumer Law sets out certain consumer rights and remedies that cannot be excluded, restricted or modified. Nothing in these Terms limits those rights and remedies in any way. If we supply goods or services not of a kind ordinarily acquired for personal, domestic or household use or consumption but costing no more than $40,000 our liability for failure to comply with conditions or guarantees under the Australian Consumer Law is limited in the case of services to supplying the services again or paying the cost of having the services supplied again.

14.5  In no circumstance will MiStaffing be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or in any way connected to

business interruption of any type, whether in tort (including negligence), contract or otherwise.

14.6 The Platform may provide links to third party sites. Access to any other site linked to the Platform, is at User’s own risk. MiStaffing accepts no responsibility for the accuracy or reliability of any information, opinions or statements made in any third party site.

 

15. General

15.1  If any provision of these Terms is found by any court or body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable it shall be deemed severable to the extent that the remaining provisions of these Terms shall continue in full force and effect.

15.2  You must do everything reasonably required by us to give full effect to these Terms.

15.3  Our failure or delay in exercising a right, power or remedy under these Terms does not operate as a waiver.

15.4  If a dispute arises out of or relating to these Terms, the relevant parties shall attempt to resolve the matter between themselves in an appropriate manner before escalating the dispute to mediation or other alternative dispute resolution process or litigation. You acknowledge that MiStaffing will not and is not obligated to provide any assistance in relation to any disputes arising between a Client and Educator. Nothing in this clause limits the right of any party to seek or obtain urgent interlocutory or interim relief.

15.5  We may modify these Terms from time to time by posting the modification(s) or updating these Terms on our Platform. Unless otherwise specified by us when posted, all modifications will be effective upon posting. If you do not agree to any modification(s), your only recourse will be to cease using the Platform or as appropriate to terminate your registration as a Client or Educator. If you continue to participate as a Client or Educator after any modification becomes effective, then your participation will constitute acceptance of such modification.

15.6  These Terms shall be governed by and construed in accordance with the laws of the state of Queensland, Australia. The parties agree to submit to the non- exclusive jurisdiction of the courts of Queensland.

ADDRESS

 

2/127 Creek Street,

Brisbane City QLD 4000

CONTACT

 

info@micareglobal.com

Tel: 1300 393 359

 

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