Application Terms and Conditions

Terms and Conditions of Use

General

These end user terms (End User Terms) are between You (as a User) and Z Employment Co Pty Ltd (ACN 658 127 630), and any other Associate of those entities which may provide Services or the Platform from time to time (‘Z Staffing’ or ‘our’ or ‘we’). These End User Terms governs the use of the Platform and Services offered by Z Staffing.

Z Staffing is in the business of providing labour-hire solutions via the Z Staffing Platform which manages interactions by various stakeholders.

Any Service description displayed on the Platform is incorporated into these End User Terms by reference. In the event of inconsistency, these End User Terms prevail.

By using, browsing and/or reading the Platform, this signifies that You have read, understood and agree to be bound by these End User Terms. If You do not agree with these End User Terms, You must cease usage of the Platform or any of the Services immediately.

Registration

In order to use the Platform, You may be required to register for an Account through the Platform.

As part of the registration process, or as part of Your continued use of the Platform, You may be required to provide personal information about Yourself (such as identification or contact details), including:

1. first and last name;
2. an email address;
3. preferred username;
4. a mailing address;
5. a telephone number;
6. business, enterprise or service details;
7. a password (which will not be visible to Z Staffing);
8. banking details;
9. Medicare card number;
10. tax file number;
11. emergency contact information;
12. medical or health services provider details;
13. immunisation records;
14. language spoken at home;
15. special requirements;
16. cultural and/or religious details;
17. dietary (including allergy) requirements;
18. medical condition history;
19. medical requirements;
20. birth certificate;
21. copies of qualifications and/or education records;
22. details and terms of any rights to work in Australia and/or visa details;
23. copies of any court and/or tribunal orders or documentation relevant to, without limitation, living and/or custody arrangements;
24. any other details as required by the signatory and/or onboarding letter provided by Z Staffing to You;

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

You may not use the Platform and procure the Services if:

1. You are not of legal age to form a binding contract with Z Staffing; or
2. You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which You are resident or from which You use the Services.

Your Obligations as a User

As a user of the Platform, in addition to clause 6, You agree to comply with the following:

1. You will use the Platform and any Services only for purposes that are permitted by:
1. these End User Terms;
2. policies, procedures and/or guides that may be made available by Z Staffing via the Platform from time to time; and
3. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
2. You are responsible for all costs and expenses associated with downloading, installing, running, accessing or using the Platform and Services You purchase, including, without limitation, any costs associated with computing hardware, maintenance, server and data storage and internet access;
3. You warrant and represent that all information and documentation provided as part of any identity verification is true and correct;
4. You warrant and represent that You have full authority to give the representations in these End User Terms and otherwise are authorised to act as a representative of any third-party (including, if applicable, Your employer or principal contractor);
5. You have sole responsibility for protecting the confidentiality of Your Account details (including the password and/or email address);
6. any use of Your Account information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Z Staffing of any unauthorised use of Your password or email address or any breach of security of which You have become aware;
7. You must immediately notify Z Staffing of any changes to Your Account, including Your eligibility to continue using the Platform and/or receive the Services which may be (if applicable) pursuant to Your engagement or employment terms;
8. You must immediately cease using the Platform and/or receive the Services in the event that the terms of Your engagement or employment, which permitted the use of the Platform and/or receipt of the Services, are severed or terminated;
9. You must not expressly or impliedly impersonate another user or use the profile or password of another user at any time;
10. Your Data will always be accurate, correct and up to date and You will maintain reasonable records of Your Data;
11. You agree not to harass, impersonate, stalk, threaten another user of the Platform (where interaction with other users is made available to You);
12. You agree not to broadcast, publish, upload, transmit, post or distribute on the Platform abusive or objectionable content, including but not limited to discriminatory, racist, pornographic, threatening or abusive material;
13. access and use of the Platform is limited, non-transferable and allows for the sole use of the Platform by You;
14. You will not use the Platform for any illegal and/or unauthorised use which includes collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Platform;
15. You acknowledge and agree that any automated use of the Platform (including via any bots or artificial intelligence) or the Services is prohibited.

You must not tamper with or hinder the operation of the Platform or Services, nor transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Platform or via the Services.

You must not perform any penetration testing upon the Platform or perform any testing of the Platform in order to determine and/or assess its capacity.

The Client User must keep records of its encrypting keys. The Client User has the sole responsibility to make sure encrypting keys are kept in a safe and secure place. Z Staffing shall not be liable for any damages (including damages for inability to restore backup data or the disclosure of confidential information) resulting from loss/corruption/compromise of these keys.

Breach of this clause 3 may result in immediate termination or suspension of the User Licence without liability.

User Licence

Upon the earlier of:

1. acquiring the Services via the Platform;
2. agreeing to the End User Terms;
3. downloading, installing or using the Services and/or Platform; or
4. using the Platform and/or Services,

You are granted a revocable, non-transferable, non-sub licensable, non-exclusive and limited licence to use the Platform and/or Services strictly in accordance with these End User Terms (‘User Licence’).

If You do not agree to these End User Terms, You must not install, use, or copy the Platform and/or Services.

The User Licence will be for the term applicable to the particular Services as detailed on the Platform or otherwise notified to You prior to or at the point of Your order being accepted by Z Staffing (‘Licence Term’).

The applicable Licence Term will expire automatically at the conclusion of the Licence Term, unless terminated earlier in accordance with these End User Terms or unless terminated by Z Staffing pursuant to the Services Agreement.

You agree and acknowledge that by agreeing to these End User Terms You agree to use the Platform and/or Services fairly and not for an improper purpose. You acknowledge that Z Staffing may, in its sole discretion, determine the scope of Your fair use of the Platform and/or Services against the typical usage across its network of accounts. In the event that out of the ordinary usage is detected, Z Staffing may contact You to discuss potential alternatives. In the event that any alternatives are not complied with, then this shall constitute a breach of these End User Terms and Z Staffing may, in addition to its other rights in these End User Terms, terminate Your User Licence and/or these End User Terms upon providing no less than five (5) Business Days’ notice.

The Client User agrees and acknowledges that Z Staffing may require the Client User to undergo an electronic identity verification process as a condition of the User Licence being licensed, which may require each Client User to complete additional forms or documents or agree to further terms and conditions. Z Staffing may from time to time engage a third party for the provision and supply of those identity verification services and Z Staffing in no way guarantees and/or warrants the due performance of any of those service providers. Nothing in these End User Terms is intended to transfer any Intellectual Property Rights in any software utilised for the purposes of verifying Your identity under this clause 4.6.

Delivery of Services

Performance of the Services and/or the provision of the Platform will occur via electronic means in the manner Z Staffing deems appropriate in its sole discretion.

You agree and acknowledge that the Services and/or Platform (or any part thereof) may be supplied based on Your representations and/or Your Data. Z Staffing assumes no responsibility for any errors in the Platform or its Services which are caused and/or contributed by Your Data and/or Your representations.

Licence Conditions

As a User, these End User Terms entitle You to access and obtain the Services from the Platform.

You may not assign Your rights and obligations under these End User Terms, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer Your rights to the Platform or Services.

You may not:

1. decompile, “reverse engineer”, disassemble, decompile, or otherwise attempt to derive the source code for the Platform or any associated software;
2. broadcast, transmit or otherwise display in a public forum or any venue not restricted to You, the Platform (including any associated software) and Services or any part of the same;
3. post the Platform (including any associated software) and or Services or part of the same on any website, unless otherwise expressly (in writing) agreed to by Z Staffing;
4. use the Platform (including any associated software) or Services for commercial on-selling purposes;
5. modify the Platform (including any associated software) or create any derivative work of the same or their accompanying documentation. Derivative works include but are not limited to translations;
6. alter any files or libraries in any portion of the Platform (including any associated software); or
7. copy any part of the Platform (including any associated software) and/or Services except to the extent that the licensed use inherently demands the creation of a temporary copy stored in the computer memory and not permanently affixed on storage medium.

You agree and acknowledge that Z Staffing may, from time to time, modify the Platform (including any associated software), including (without limitation) by adding or removing features or functions (Platform Update). Nothing in these End User Terms prohibits Z Staffing from implementing a Platform Update, provided that the Platform Update, in the reasonable opinion of Z Staffing, does not materially reduce the functionality of the Platform.

In the event a Platform Update is implemented by Z Staffing, You agree and acknowledge that, despite anything stated to the contrary in these End User Terms You may be required to subscribe to access those additional elements of the Platform and/or Services.

Intellectual Property

Unless specified otherwise in these End User Terms or otherwise agreed by the parties in writing:

1. Intellectual Property Rights owned by You in Your Data will remain Your property, and Z Staffing acknowledges that nothing in these End User Terms transfers title in or ownership of any Your Data to Z Staffing;
2. Intellectual Property Rights owned by Z Staffing in the Platform, the Services supplied and Z Staffing Content will remain the property of Z Staffing, and You acknowledge that nothing in these End User Terms transfers title in or ownership of any content or data in the Platform or the Z Staffing Content to You;
3. Intellectual Property Rights in all content developed by the parties in connection with the Services or Platform will vest on creation in Z Staffing (‘Developed Content’).

You grant to Z Staffing an irrevocable, perpetual, non-exclusive, transferable, royalty free licence to make such use of Your Data as is, in the reasonable opinion of Z Staffing necessary to provide the Platform and/or Services as set out in these End User Terms and for any other purpose set out in the Agreement and/or the Services Agreement. You shall indemnify Z Staffing against all Claims made by third parties to the extent that the use of Your Data by Z Staffing infringes their Intellectual Property Rights.

Z Staffing grants to You a revocable, non-exclusive, non-transferable, royalty free licence to make such use of the Platform during the Licence Term, in the reasonable opinion of Z Staffing, necessary to complete use of the Services.

Nothing under these End User Terms shall be construed as a transfer in ownership or title in the Platform, Services and any Developed Content to You.

Z Staffing accepts no liability in respect of the Developed Content whatsoever or howsoever arising.

Z Staffing is under no obligation to maintain, back-up or store Your Data and/or the Developed Content and You are responsible for regular back-ups and data extraction.

During the Licence Term, if You send or transmit any communications or materials to Z Staffing by mail, email, telephone or otherwise, providing feedback or suggesting or recommending changes to the Services and/or the Platform or any Z Staffing Intellectual Property Rights (Feedback), You hereby assign to Z Staffing all right, title, and interest in, and Z Staffing is free to use, without any attribution or compensation to any party (including You), any ideas, know-how, concepts or other Intellectual Property Rights contained in the Feedback, for any purpose whatsoever, although Z Staffing is not obliged to use any Feedback.

Hyperlinks

The Platform may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and Z Staffing takes no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply Z Staffing’s endorsement, support, or sponsorship of the operator of that website nor of the information and/or products or services which they provide.

Privacy, Security and Data Handling

Z Staffing’s Privacy Policy and Security Policy is located on the Site and is incorporated into these End User Terms by reference.

You agree and acknowledge that You have read and agreed to the terms of the Privacy Policy.

Z Staffing represents that personal information and/or personal data is collected, stored, processed and/or secured (as applicable) pursuant to the terms of its Privacy Policy and the Security Policy.

The parties acknowledge and agree that each shall use best endeavours to notify the other party pertaining to any notifiable data breaches pursuant to the Privacy Act 1988 (Cth).

Client Users warrant and represent that the privacy policy used within its organisation in connection with the collection of personal information and/or sensitive information is in compliance with the Privacy Law and other laws and regulations applicable to Client Users.

Warranties and Exclusions

Everything on the Platform and/or Services is provided to You “as is” and “as available” without warranty or condition of any kind. To the fullest extent permitted under law, none of the Associates, affiliates, directors, officers, employees, agents, contributors and licensors of Z Staffing make any express or implied representation or warranty about the Platform or the Services. This includes (but is not limited to) Claims or 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; or
2. the accuracy, suitability, suitability or currency of any information on the Platform, the Services, or any of its related products and services (including any third party material and advertisements on the Platform).

No express or implied guarantees, warranties, representations, conditions and/or obligations are provided to You as to the Platform up-time and, pursuant to clause 11 of these End User Terms, Z Staffing will not be liable for any down time of the Platform for the duration of the Licence Term.

Provisions of the Competition and Consumer Act 2010 (Cth) and other laws in force from time to time in Australia may imply guarantees, warranties, conditions, and impose obligations on Z Staffing and its affiliates and suppliers (Implied Terms). If these Implied Terms apply, Z Staffing’s liability will be limited at its option to resupply, repair or replacement of the Platform or Services, or the cost of such resupply, repair or replacement, to the extent permitted by law.

Nothing in these End User Terms excludes, restricts or modifies Your rights under an Implied Term.

Limitation of liability

Subject to any Implied Term, and to the extent permitted by law, Z Staffing or any of its officers, employees, contractors or agents will not be liable to You for any Losses incurred by You or Claims made by You as a result of using the Platform or receipt of the Services, deficiencies in data acquisition and any documentation provided to You.

Z Staffing’s liability is reduced proportionately in the event that You contributed to any Claim or Loss suffered by You.

In addition to the limitations in clauses 11.1 and 11.2, Z Staffing’s liability in connection with these End User Terms, the Platform, Services and any documentation provided to You is limited to the re-supply of the Platform and/or Services under these End User Terms.

You agree and acknowledge that Z Staffing will not be liable for any Losses or Claims arising from the use of the Platform, the Developed Content or any of Your Data generated via the use of the Platform or Services by You or any third parties.

You agree and acknowledge that You will be responsible for all analysis of Your Data and will indemnify and hold Z Staffing harmless for any Loss, Claim or damage in connection with the analysis of Your Data.

gree to indemnify and hold Z Staffing harmless against any claims that any of Your Data or Your information constitutes a breach of any applicable laws or in breach of any third party rights (including, without limitation, breaches of intellectual property rights, confidentiality, contractual rights or any privacy laws).

Subject to anything contrary in this clause 11, You indemnify and hold Z Staffing harmless to the full extent permitted by law for any Loss, Claim or damage whatsoever or howsoever arising in connection with Your use of:

1. the Platform;
2. the Services;
3. Your Data;
4. Z Staffing Content; and/or
5. Developed Content,

except to the extent that such Loss, Claim or damage was materially caused as a result of Z Staffing’s fraud, negligence or wilful misconduct.

Variation of Terms

Z Staffing reserves the right to amend these End User Terms from time to time. Such amendments will be either:

1. published on the Platform from which the Services were purchased;
2. emailed to You;
3. published on any website controlled or operated by Z Staffing; or
4. notified to You via email directing You to a link.

The effect of any amendments will come into force within a period which is no less than two (2) weeks from the date the amendments are published or You are notified pursuant to clause 12.1 or unless stated otherwise by Z Staffing in any notification.

Termination

Staffing may at any time, terminate these End User Terms and the User Licence:

1. at its discretion upon thirty (30) days’ written notice;
2. if You have breached any provision of these End User Terms or intend to breach any provision;
3. in respect of Worker Users, if that User is no longer obtaining the Services or using the Platform;
4. if Z Staffing is required to do so by law.

You may terminate these End User Terms in Your discretion at any time.

Z Staffing reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform and/or Services (or any part thereof) with or without notice.

On termination, You must permanently remove and return or destroy all Z Staffing Content and any associated content received by You from Your computers or other devices.

Subject to the terms of any Services Agreement:

1. during the Licence Term and for a period of up to thirty-six (36) months thereafter, You will be entitled to undertake a data extraction of Your Data from the Platform, in such form made available by Z Staffing (e.g. PDF, spreadsheet or otherwise), at no additional cost;
2. in the event that Z Staffing retains Your Data after the term, subject to these End User Terms or the Privacy Policy, Z Staffing may charge a fee, at its discretion, for data extraction or deletion requested by You;
3. if, within thirty-six (36) months following expiration and/or termination of these End User Terms or the Licence Term (as applicable), you do not undertake data extraction as contemplated by clause 16.5(a), you agree and acknowledge that Z Staffing may forever destroy and erase Your Data from the Platform, without liability, provided it has notified the Client User no less than thirty (30) calendar days prior to Your Data being destroyed or erased.

Sub-Contracting

Z Staffing may subcontract the performance or provision of any part of the Services and/or Platform without obtaining the prior written consent from You.

Unless stated to the contrary herein, where Z Staffing subcontracts the performance or provision of any part of the Services and/or Platform, Z Staffing acknowledges and agrees that:

1. it will be responsible for ensuring the suitability of any subcontractor appointed by it and that the work performed by such subcontractor meets the requirements of these End User Terms; and
2. it will be liable for any conduct, omission or neglect by any subcontractor appointed by Z Staffing as fully as if such conduct, omission or neglect were the conduct of Z Staffing, its employees or agents under these End User Terms.

Related Party Services

You acknowledge and agree that:

1. Z Staffing may procure the services of its Associates from time to time, including but not limited to, for the purposes of providing the Services (including other related services);
2. Z Staffing’s services are limited to the provision of the Platform and Services;
3. despite clause 14, Z Staffing does not engage its Associates as sub-contractor/s and is in no way liable for the acts or omissions of its Associates;
4. You release, indemnify Z Staffing and hold it harmless to the full extent permitted by law for any loss or damage whatsoever arising in connection with the supply of the Services to You by its Associates.

General provisions

If any provision of these End User Terms is illegal or unenforceable in any relevant jurisdiction, it must be enforced to the maximum extent possible, and if unenforceable may be severed for the purposes of that jurisdiction, without affecting its enforceability in any other jurisdiction or the enforceability of any other part of these terms and conditions.

You may not, without the prior written consent of Z Staffing, assign, transfer or grant any security interest over, its right, title and interest in or to these End User Terms to any person (or agree or purport to do so).

Z Staffing may, without Your prior written consent, assign, transfer or grant any security interest over, its right, title and interest in or to the End User Terms to any person (or agree or purport to do so).

All waivers must be in writing. A single or partial exercise or waiver by a party of a right relating to these End User Terms does not prevent any other exercise of that right or the exercise of any other right.

These End User Terms shall not create, nor shall be represented by either party hereto to create, a partnership, joint venture, employer- employee, master-servant, principal-agent, trust, or other relationship whatsoever between the parties hereto.

These End User Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia.

Definitions and interpretation

Definitions

In these End User Terms unless the context otherwise requires:

Account means an account on the Platform as described in clause 2.1.

Associate means an ‘associated entity’ as that term is defined in section 50AAA of the Corporations Act 2001 (Cth).

Claim includes any claim, including a notice, demand, debt, account, action, expense, damage, loss, cost, lien, liability, proceeding, litigation (including reasonable legal costs), investigation or judgment of any nature, whether known or unknown.

Client User means the party referred to as the ‘Client (including their Personnel) in the Services Agreement or Agreement, who is otherwise granted a User Licence under that instrument.

Default Rate means 10% per annum, or the maximum rate allowed by applicable law, whichever is lower.

Developed Content means all content developed by the parties in connection with the Platform and/or Services as set out in clause 7.1(c).

Implied Terms means those terms as specified in clause 10.3.

Intellectual Property Rights means all present or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation 1967.

Licence Term means the term of the User Licence as described at clause 4.3.

Loss means any damage, loss, liability, expense or cost whether direct or indirect, consequential or incidental.

Personnel means the officers, employees, contractors, agents and/or contractors of a party.

Platform(s) means any and all of Z Staffing’s platform application known as ‘Z Staffing, its website, social media accounts/profiles, applications and other technological platform(s) as provided from time to time.

Platform Update means an update to the Platform as described in clause 6.4.

Privacy Policy means the privacy policy located on here.

Security Policy means the security policy located on the Site from time to time.

Services means the services provided by Z Staffing as detailed on the Platform (or the Services Agreement), including the provision of the Platform.

Services Agreement means the master agreement governing the provision of the Services by Z Staffing and the grant of the master licence of the Platform to the Client User.

Site means zstaffing.com.au (and other domains associated with the Services and Platform).

User Licence has the meaning given to that term in clause 4.1.

Worker User means an end-user of the Services or Platform as an applicant seeking engagement or work.

You or User means an end-user of the Services, either (as applicable):

1. the person or entity who is receiving the Services;
2. a Client User; and/or
3. a Worker User.

Your Data means any content and/or data that You broadcast, publish, upload, transmit, post or distribute on the Platform.

Z Staffing Content means all documents, instructions, specifications, codes, requirements, samples, measurements and other information and materials provided by Z Staffing to You in relation to the performance of the Services.

Version 1.0 (May 2024)