TAP4WORK PTY LTD Terms & Conditions
Last updated: 1st September 2022
Please read these terms and conditions
carefully before using Our Service.
Interpretation and Definitions
The words of which the
initial letter is capitalized have meanings defined under the following conditions. The following definitions
shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these
Terms and Conditions:
Application means the
software program provided by the Company downloaded by You on any electronic device, named TAP4WORK
Application Store means the
digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play
Store) in which the Application has been downloaded.
Affiliate means an entity
that controls, is controlled by or is under common control with a party, where "control" means ownership of 50%
or more of the shares, equity interest or other securities entitled to vote for election of directors or other
Account means a unique
account created for You to access our Service or parts of our Service.
Country refers to
Company (referred to as
either "the Company", "We", "Us" or "Our" in this Agreement) refers to TAP4WORK PTY LTD, UNIT 56, 45-51 HUNTLEY
STREET, ALEXANDRIA NSW 2015.
Content refers to content
such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available
by You, regardless of the form of that content.
Device means any device
that can access the Service such as a computer, a mobile phone or a digital tablet.
Service refers to the
Terms and Conditions (also
referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company
regarding the use of the Service.
Third-party Social Media
Service means any services or content (including data, information, products or services) provided by a
third-party that may be displayed, included or made available by the Service.
User means the individual
accessing or using the Service, or the company, or other legal entity on behalf of which such individual is
accessing or using the Service, as applicable.
These App Terms & Conditions (Terms) are
between TAP4WORK PTY LTD (ABN 90 651 671 975) and each individual or entity (referred to as a User) using the
TAP4WORK mobile application (App) and related services (TAP4WORK PTY LTD and each User are collectively referred
to as the Parties).
By downloading, installing, accessing or
using this App, the User acknowledges that they have read, understood and agrees to be bound by these Terms.
TAP4WORK PTY LTD reserves the right to make changes to these Terms at any time, effective upon the posting of
the modified Terms. TAP4WORK PTY LTD will use reasonable endeavours to communicate these changes to each
It is the User's obligation to ensure that
they have read, understood and agree to the most recent Terms available on the App. If a User does not agree to
the Terms, the User should cease accessing and using the App immediately. The App may only be used by
individuals of a legal working age. If the User is under the age of eighteen years (Minor), the User should
review the Terms with the User's parent or guardian to make sure the User and the User's parent or guardian
understand them and consents to their use of the App.
The User's parent or guardian permits a Minor
to access and use the App and to create an account, the User's parent or guardian agrees to:
exercise supervision over the Minor's use of the App;
assume all risks associated with the Minor's use of the App,
transmission of content or information to and from third parties via the Internet;
ensure that the content and information that the Minor may encounter
App are suitable for the Minor;
assume liabilities resulting from the Minor's use of the App and
ensure the accuracy and truthfulness of all information submitted by
provide the consents contained in these Terms on behalf of the
By accepting these Terms, you also accept
Registration and Onboarding
Access to the App will require a User to register for an account (Account).
The App may request a User to submit information regarding their qualifications, skills and experience,
which will be used to create that User's Profile (Profile).
Each User agrees to provide accurate, current and complete information during the registration process and
update such information to keep it accurate, current and complete. TAP4WORK PTY LTD reserves the right to
suspend or terminate any Account, Profile and a User's access to the App if any information provided to
TAP4WORK PTY LTD proves to be inaccurate, not current, incomplete, offensive or does not meet community
is the User's responsibility to keep its Account details and password confidential. The User is liable for all
activity on its Account. The User agrees that it will not disclose its password to any third party and that it
will take sole responsibility for any activities or actions under its Account, whether or not it has
authorised such activities or actions.
The User will immediately notify TAP4WORK PTY LTD of any unauthorised use of its Account.
a User wishes to cancel their Account, they can do so at any time by emailing firstname.lastname@example.org using
the Email linked to the account registration, requesting that their account be deleted.
App Summary - Introductory Service Only
The App provides an introductory service for Users. A User may select whether it is:
seeking work (Worker Account) or
seeking workers (Business Account)
they are they are A Business Account User who is seeking workers may be matched with Worker Account Users based on criteria
including the Worker Account Users' skills, location and qualifications.
Once a Worker Account User has submitted a Job Application or accepted and Contact Invitation from a
Business Account User, the Parties can communicate with each other to negotiate the scope and type of work to
be performed, the pay for the work and any other related terms and conditions.
Each User understands and agrees that the App is an introductory service only, and that TAP4WORK PTY LTD’s
responsibilities are limited to facilitating the User functionality available on the App. TAP4WORK PTY LTD is
not an employment agency or labour hire business. By accessing or using the App, Users acknowledge that no
User is an employee, contractor, partner or agent of TAP4WORK PTY LTD.
TAP4WORK PTY LTD is not a party to an agreement entered into between Users. TAP4WORK PTY LTD is not a
referrer or booking agent and TAP4WORK PTY LTD provides no such related services. TAP4WORK PTY LTD has no
control over the conduct of Users. TAP4WORK PTY LTD disclaims all liability in this regard, as set out in
Any arrangements between Users, including payments for work carried out, is solely between those Users. It
is strictly and expressly not part of the User's agreement with TAP4WORK PTY LTD.
TAP4WORK PTY LTD accepts no liability for any aspect of the interaction between Users, including but not
limited to the performance of the work offered or provided. TAP4WORK PTY LTD does not assist or become
involved in any dispute between Users regarding the performance of services.
Users may also add other Users as their contacts via the App.
Through the App, TAP4WORK PTY LTD may provide Users with general guidance articles, blog posts and general
information relevant to its Users (Content or TAP4WORK Content).
The Content is for general information purposes only and does not take into account the specific needs,
objectives or circumstances of its Users. Any reliance placed on the Content is at the User's own risk.
Before acting on any information contained in the Content, we recommend that you consider whether it is
appropriate for your circumstances, carry out your own research and seek professional advice where
the fullest extent permitted by law, TAP4WORK PTY LTD is not liable to you for any loss or damage you may
suffer arising out of or in connection with your use of or reliance on TAP4WORK PTY LTD Content.
Fees and Payments
Registering for an Account, creating a Profile and using the App are free. There is no charge for a User
to create an Account or Create a Job Advert.
Any payment between Users for any services provided is solely a matter between the relevant Users.
TAP4WORK PTY LTD does not provide payment functionality for Users to be able to make payment via the
Copyright and Intellectual Property
Content means text, pictures, music,
barcodes, video, data, hyperlinks, displays and other content associated with the App.
The App contains material which is owned by or licensed to TAP4WORK PTY LTD (or TAP4WORK PTY LTD
affiliates and/or third party licensors as applicable), and is protected by Australian and international laws,
including but not limited to the trademarks, trade names, software, Content, design, images, graphics, layout,
appearance and look of the App. The TAP4WORK logo, and other TAP4WORK material used in connection with the App
are unregistered or registered trademarks of TAP4WORK PTY LTD (collectively TAP4WORK Marks).
Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered
TAP4WORK Marks, logos, slogans, designs, audio tracks, information, images, photographs, videos, patents,
knowhow, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential
information and any other proprietary or industrial rights relating to TAP4WORK Marks (in each case whether
registered or unregistered or whether capable of registration), together with any applications for
registration and any rights to registration or renewal of such rights anywhere in the world and whether
created before or after the date of these Terms; goodwill in the business and App; trade, business company or
organisation names; internet domain names; and Content, images and layout.
The User agrees that, as between the User and TAP4WORK PTY LTD, TAP4WORK PTY LTD owns all Intellectual
Property rights in the App, and that nothing in these Terms constitutes a transfer of any Intellectual
Property rights. TAP4WORK PTY LTD owns the Intellectual Property including copyright which subsists in all
creative and literary works displayed in the App. The App is protected by copyright, trademark, patent, trade
secret, international treaties, laws and other proprietary rights, and also may have security components that
protect digital information only as authorised by TAP4WORK PTY LTD or the owner of the Content
Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of
their respective owners (collectively Third Party Marks).
The Intellectual Property, TAP4WORK Marks and Third Party Marks may not be copied, imitated or used, in
whole or in part, without the prior written permission of TAP4WORK PTY LTD or the applicable trademark
Users do not obtain any interest or licence in the Intellectual Property, TAP4WORK Marks or Third Party
Marks without the prior written permission of TAP4WORK PTY LTD or the applicable trademark holder. Users may
not do anything which interferes with or breaches the Intellectual Property rights.
User Generated Content
Users are permitted to post, upload, publish, submit or transmit relevant information and content (User
Generated Content). By making available any User Generated Content or any Intellectual Property on or through
the App, each User grants to TAP4WORK PTY LTD a worldwide, irrevocable, perpetual, non-exclusive,
transferable, royalty-free licence to use the User Generated Content and Intellectual Property, with the right
to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform,
transmit, stream, broadcast, access, or otherwise exploit the User Generated Content and Intellectual Property
on, through, or by means of the App.
Each User agrees that they are solely responsible for all of User Generated Content and Intellectual
Property made available through the App. Each User represents and warrants that:
they are either the sole and exclusive owner of all of relevant User Generated Content and
Intellectual Property that s/he makes available through the App, or that the User has all rights, licences,
consents and releases that are necessary to grant to TAP4WORK PTY LTD the rights in the User Generated Content
or Intellectual Property, as contemplated under these Terms; and
neither the User Generated Content nor the posting, uploading, publication, submission or
transmittal of User Generated Content or TAP4WORK PTY LTD use of the User Generated Content (or any portion
thereof) on, through or by means of the App will infringe, misappropriate or violate a third party's patent,
copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity
or privacy, or result in the violation of any applicable law or regulation.
TAP4WORK PTY LTD may at its sole discretion remove any of User Generated Content that is offensive or in
breach of these Terms.
Subject to these Terms, TAP4WORK PTY LTD grants the User a personal, non-exclusive, non-transferable,
limited and revocable licence to use the App for the User's own personal and business use only on a mobile
device (a Device) owned or controlled by the User or the User's employer as permitted in accordance with these
Terms (User Licence), and not to use the App in any other way or for any other purpose, apart from local fair
dealing legislation. All other uses are prohibited without TAP4WORK PTY LTD prior written consent.
The right to use the App is licensed to a User and is not being sold to the User. The User has no rights
in the App other than to use it in accordance with these Terms.
These Terms and User Licence govern any updates to, or supplements or replacements for, this App, unless
separate terms accompany such updates, supplements or replacements, in which case the separate terms will
using the App, each User warrants that:
the User possesses the legal capability and authority to enter into the Terms and to use the
App in accordance with the Terms;
the User is of a legal working age or if under eighteen years old, that they have reviewed
these Terms with the relevant parent or guardian to make sure that the parent or guardian understands them and
the parent or guardian consents to the User's use of the App;
any registration information the User submits is truthful and accurate and the User will
maintain the accuracy of such information; and
the User's use of the App does not violate any applicable law or regulation; and
the User will abide by any terms with respect to any third party's mobile
a condition of each User's use of the App, each User agrees:
to abide by the Terms;
not to provide access to their Account on the App to any third party;
that TAP4WORK PTY LTD has the right to refuse Users any and all current or future use of the
that TAP4WORK PTY LTD reserves the right to include or exclude entry to, or remove a User
from the App.
User Information and Security
The App may require the transmission of information provided by the User including the User's name,
location or contact details (User Information).
the User uses such App functionality, the User consents to the transmission of User Information to TAP4WORK
PTY LTD, its agents, other Users and/or service providers and authorises TAP4WORK PTY LTD, its agents, other
Users and/or service providers to record, process and store such User Information as necessary for the App
The User is solely responsible for maintaining the confidentiality and security of any User Information
transmitted from or stored on a Device for the purposes of the App, for all transactions and other activities
in the User's name, whether authorised or unauthorised.
The User agrees to immediately notify TAP4WORK PTY LTD of any unauthorised transactions or breach of
security associated with the App. TAP4WORK PTY LTD is not responsible for any losses arising out of the loss
or theft of User Information transmitted from or stored on a Device or from unauthorised or fraudulent
transactions associated with the App.
Acceptable Use and Prohibited Use
Use by the User of the App and any Content and User Information transmitted in connection with the App is
limited to the contemplated functionality. The User agrees that its use of the App and any Content must comply
with these Terms and TAP4WORK PTY LTD policies. In no event may the App be used in a manner that:
harasses, abuses, stalks, threatens, defames or otherwise interferes, infringes or violates
the rights of any other party (including but not limited to rights of publicity or other proprietary
is unlawful, fraudulent or deceptive;
uses technology or other means to access the App or Content that is not authorised by
TAP4WORK PTY LTD.
uses or launches any automated system, including without limitation, robots, spiders, or
offline readers to access the App or Content;
tampers with or attempts to tamper with, hinders or modifies the App, attempts to introduce
viruses or any other computer code, files or programs that interrupt, destroy or limit functionality, knowingly
transmit viruses or other disabling features, damages or interferes with the App including but not limited to
the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the
attempts to gain unauthorised access to TAP4WORK PTY LTD computer network or User
encourages conduct that would constitute a criminal offence, or that gives rise to civil
violates these Terms;
attempts to damage, disable, overburden, or impair TAP4WORK PTY LTD servers or
fails to comply with applicable third party Terms; or
facilitates or assists another person to do any of the above acts.
The User must not:
post, upload, publish, submit, share or transmit any content that:
infringes, misappropriates or violates a third party's patent, copyright, trademark, trade
secret, moral rights or other intellectual property rights or rights of publicity or privacy;
is fraudulent, false, misleading or deceptive;
requests money from, or is intended to otherwise defraud other Users;
denigrates TAP4WORK PTY LTD or the App;
transmits junk mail, chain letter, spam mail, spimming, phishing, trolling or other
unauthorised mass transmission.
contains videos, images or media content of another person without their permission;
is defamatory, abusive, obscene, pornographic, profane, vulgar, offensive, promotes
discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening or
intimidating to any other person; or
promotes illegal or harmful activities or substances.
print, publish, modify, link to or distribute any Content from the App or any other
documentation that TAP4WORK PTY LTD provides to the User, unless TAP4WORK PTY LTD has authorised the User in
breach copyright or Intellectual Property rights, including but not limited to, that the
User must not republish, copy, distribute, transmit or publicly display material from TAP4WORK PTY LTD App;
alter or modify any of the code or the material on the App;
cause any of the App to be framed or embedded in another website;
use the App for commercial purposes, other than as outlined in these Terms;
collect or harvest any personally identifiable information, including phone number, from the
App, otherwise than as permitted by these Terms, nor to use the communication systems provided by the App for
any commercial solicitation or spam purposes;
modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create
derivative works from, transfer, or sell or re-sell any part of the App; or
facilitate or assist another person to do any of the above acts.
Any use of the App in any other manner, including, without limitation, resale, transfer, modification or
distribution of the App or Content is prohibited.
TAP4WORK PTY LTD reserves the right, in its sole discretion, to terminate any User Licence, remove Content
or assert legal action with respect to Content or use of the App, that TAP4WORK PTY LTD reasonably believes is
or might be in violation of these Terms or any of TAP4WORK PTY LTD Policies. TAP4WORK PTY LTD’s failure or
delay in taking such actions does not constitute a waiver of TAP4WORK PTY LTD rights to enforce these
Upon termination of the Terms, TAP4WORK PTY LTD has no further obligations to the User, and may cease to
provide the App to the User. The accrued rights, obligations and remedies of the parties are not affected by
the termination of the Terms.
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010
(Cth) and similar consumer protection laws and regulations may confer the User with rights, warranties,
guarantees and remedies relating to the provision of services by TAP4WORK PTY LTD to the User which cannot be
excluded, restricted or modified (Statutory Rights).
Nothing in these Terms excludes the User's Statutory Rights as a consumer under the ACL. The User agrees
that TAP4WORK PTY LTD liability for services provided to consumers is governed solely by the ACL and these
Terms. TAP4WORK PTY LTD excludes all conditions and warranties implied by custom, law or statute except for
the User's Statutory Rights.
Except for the User's Statutory Rights, all material and work is provided to the User without warranties
of any kind, either express or implied, and TAP4WORK PTY LTD expressly disclaims all warranties of any kind
including but not limited to implied warranties of merchantability and fitness for a particular
TAP4WORK PTY LTD does not guarantee that Users will be able to connect with other suitable Users for
finding work or workers.
TAP4WORK PTY LTD does not endorse any User, or Account or Profile. TAP4WORK PTY LTD requires Users to
confirm that they have provided accurate information.
TAP4WORK PTY LTD cannot and does not control the content contained in any Profiles or the legality or
suitability of any User's services. Users are responsible for determining the identity and suitability of any
other User that they contact via the App.
TAP4WORK PTY LTD provides the App to the User "as is", and the User uses the App at their own risk.
the fullest extent allowable under applicable law, TAP4WORK PTY LTD disclaims all warranties, representations
and conditions, whether express or implied, including any warranties, representations and conditions that the
App or the services provided on it are merchantable, of satisfactory quality, reliable, accurate, complete,
suitable or fit for a particular purpose or need, non-infringing or free of defects or errors or able to
operate on an uninterrupted basis, or that the use of the App by the User is in compliance with laws
applicable to the User or that User Information transmitted in connection with the App (including as part of
online payment) will be successfully, accurately or securely transmitted.
TAP4WORK PTY LTD makes no warranties or representations, expressed or implied, as to the timeliness,
accuracy, quality, completeness or existence of the Content and information in the App, technical
accessibility, fitness or flawlessness of the App, or that the User's use of the App will not infringe rights
of third parties.
TAP4WORK PTY LTD does not perform background checks and does not provide verification tools to help Users
verify the identity, qualifications or skills of other Users, including professional background and criminal
history checks. It is a User's responsibility to conduct their own checks as to the identity and
qualifications of another User.
the maximum extent permitted by law, the User agrees to defend and indemnify and hold TAP4WORK PTY LTD (and
TAP4WORK PTY LTD parent, related bodies corporate,
officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits,
demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity
basis), including in tort, contract or negligence, arising out of or connected to the User's use of or access
to the App; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the
User; and any violation by the User of any applicable laws or the rights of any third party.
TAP4WORK PTY LTD reserves the right to assume the exclusive defence and control of any matter otherwise
subject to indemnification by the User, in which event the User will cooperate in asserting any available
This clause will survive these Terms and the User's use of the Site or Services.
Limitation of Liability
maximum the extent permitted by law, TAP4WORK PTY LTD will have no liability for any expense, cost, liability,
loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort (including
negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present,
unascertained, future, contingent suffered by the User or any third party (Liability) and each User releases
and discharges TAP4WORK PTY LTD from all Liability, arising from or in connection with: any use of the App,
and/or any inaccessibility of the App and/or any information on the App which is incorrect, incomplete or not
up to-date and/or any disclosure of any User's information.
This clause will survive these Terms and the User's use of the App.
Disputes between Users: By using the App, the User agrees that any legal remedy or liability that the User
may seek to obtain for acts or omissions of another User or a third party will be limited to a claim against
the relevant User or other third party that caused or contributed to the events or circumstances giving rise
to the claim. TAP4WORK PTY LTD encourages the User to communicate directly with the relevant User or third
party to resolve any disputes.
Disputes between TAP4WORK PTY LTD and a User: If there are any complaints from a User against TAP4WORK PTY
LTD, TAP4WORK PTY LTD will aim to respond and provide a suitable solution within 45 days. If the User is not
satisfied with TAP4WORK PTY LTD response, the
following dispute resolution procedure will apply:
The complainant must tell the other party to the dispute in writing, the nature of the
dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The
parties agree to meet in good faith to seek to resolve the dispute by agreement (Initial Meeting).
If a resolution cannot be agreed upon at the Initial Meeting, the parties may refer the
matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the
Law Society to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the
dispute must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other
rights or entitlements of either party under these Terms, by law or in equity.
Assignment: These Terms, and any rights and licences granted hereunder, may not be transferred or assigned
by the User, but may be assigned by TAP4WORK PTY LTD without restriction
Governing Law and Jurisdiction: This App is governed by the laws of NSW and the Commonwealth of Australia.
Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in
Severability: If any provision of these Terms shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the
validity and enforceability of any remaining provisions, which continue in full force and effect.
Force Majeure: TAP4WORK PTY LTD will not be liable for any delay or failure to perform TAP4WORK PTY LTD
obligations under these Terms if such delay is due to any circumstance beyond TAP4WORK PTY LTD reasonable
Entire Agreement and Understanding: In respect of the subject matter of the Terms, the Terms contain the
entire understanding between the Parties. Any previous oral and written communications, representations,
warranties, or commitments are superseded by the Terms and do not affect the interpretation or meaning of the
Terms and each of the Parties has relied entirely on its own enquiries before entering into the Terms.
Termination: The Terms are effective until terminated by TAP4WORK PTY LTD. TAP4WORK PTY LTD may terminate
the User's Account and its contract with a User, in TAP4WORK PTY LTD sole discretion, without incurring any
liability to the User, if:
the User commits a non-remediable breach of these Terms; or
the User commits a remediable breach of these Terms and do not remedy the breach within 5
days after receiving notice of the breach.
For any questions or notice, please contact