Terms & Conditions Last updated JUNE 2023 By agreeing to these terms and conditions, you are creating a legally binding agreement between you and Work My Shift (referred to as, Work My Shift Pty Ltd, and its subsidiaries). Terms & conditions 1.1. Our company, WORK MY SHIFT Pty Ltd, operates the WORK MY SHIFT platform, a mobile app that serves as a marketplace for Hospitality Network jobs. The platform aims to match Hospitality Clubs, Pubs, or Venues, referred to as "Licenced Premises", with Hospitality Professionals who seek additional shifts or ongoing employment. “Hospitality Professionals” include "non-employee Independent Contractors". When referring to this agreement, "Users" includes all Licenced Premise Operators, and non-employee Independent Contractors and "You" refers to all Licenced Premise Operators and non-employee Independent Contractors on the WORK MY SHIFT platform. "WORK MY SHIFT Services" encompasses the matchmaking of Licenced Premise and Hospitality Professional as well as any other services provided by Work My Shift on the WORK MY SHIFT platform. The WORK MY SHIFT Services may be modified, updated, or deleted periodically. "Policies" refer to Work My Shift's Network Guidelines, Privacy Policy, and Terms & Conditions. 1.2. Work My Shift does not serve as an employer of any non-employee independent contractor users on the Work My Shift platform, and Users are in no way legally affiliated with Work My Shift other than as may be described by the Terms & Conditions. Users agree that neither they nor Work My Shift intends to create an independent contractor relationship, partnership, joint venture, employer-employee (unless stated on a contract offer), principal-agent, or franchise relationship, and thus no such relationships are created. Work My Shift expressly disclaims any contract, tort, or statutory liability arising in any dispute between Users of the Work My Shift platform, and we reiterate that Work My Shift only provides the services on the Work My Shift platform to facilitate a Licenced Premise to find a WMS Hospitality Professional who is seeking to perform the shift. 1.3. The WORK MY SHIFT platform offers sign-up links for Users to create their account via the Work My Shift website or by using the in-app sign-up option on the mobile app. However, WORK MY SHIFT must approve the User account before it can be completed. At its discretion, WORK MY SHIFT may restrict User participation for various reasons, such as incomplete applications, non-operation in the User's location, the User's lack of legal entitlement to perform shifts on the platform, or the absence of demand for a particular role competency on the WORK MY SHIFT platform. 1.4. These Terms and Conditions (“Terms”) apply to the use of the WORK MY SHIFT platform and any WORK MY SHIFT Services, and Users agree to be bound by these Terms. The Terms may be reviewed and modified at any time. Notification of the updated Terms may be sent to Users through email, or a general notice posted on each User's account. The updated Terms will take effect from the next time a User logs onto the WORK MY SHIFT platform. The continued use of the WORK MY SHIFT platform by any User is subject to the current Terms as updated from time to time. If any User does not agree with the updated Terms, they must discontinue their use of the WORK MY SHIFT platform. 2. USING THE PLATFORM 2.1. Before a Licenced Premise can post a shift ad on the WORK MY SHIFT platform, they must first create an account with Work My Shift and have it approved. The shift ad, called a ("Posted Shift,") which becomes a (Shift Contract between the Hospitality Professional and the Licenced Premise) should include the date, start, and finish times, hourly rate, and the required role type and competency level, along with a service description, as specified in clause 8.1 of the Agreement. Once a Posted Shift is published, the Licenced Premise cannot update it, however, they may cancel it if no Hospitality Professional has applied or accepted the shift offer or unless mutually agreed by the Hospitality Professional and Licenced Premise. WORK MY SHIFT may also cancel or post a shift on behalf of the Licenced Premise. The Licenced Premise may offer a shift to a Hospitality Professional after reviewing their profile and their uploaded supporting accreditations and documents provided by the Hospitality Professional, on their WORK MY SHIFT platform profile. The Licenced Premise may withdraw their offer at any time before the Hospitality Professional accepts it. If there are no applications for a Posted Shift before the start time, the shift will expire. Before using the WORK MY SHIFT platform, the Licenced Premise including all Hospitality Professionals, should familiarise themselves with Work My Shift's Network Guidelines. 2.2 A Hospitality Professional who is seeking to perform a shift using our platform must first apply to join WORK MY SHIFT. If WORK MY SHIFT approves their application, the hospitality professional must agree to these Terms & Conditions prior to using the platform. After they agree, they may review and apply (“Application”) for any Posted Shifts they have received a notification for or searched on the platform. Hospitality Professionals will only receive a notification for shifts which match their role competencies, and which are offering an hourly rate above the minimum hourly rate specified by the hospitality professional on their profile. By making an application the hospitality professional confirms that they are legally entitled to and capable of performing the services described in the Posted Shift advertisement. A hospitality professional may cancel their Application for a Posted Shift at any time before they accept an offer from the Licenced Premise. Applications are subject to further terms set out for Posting Shifts and Applying below. A hospitality professional should be familiar with Work My Shift’s Network Guidelines before using the Work My Shift platform. 2.3. After a hospitality professional accepts the offer from the Licenced Premise, both Users can communicate privately using each other’s mobile number. 2.4. Once a hospitality professional has accepted an Application from a Licenced Premise then the Licenced Premise and the hospitality professional will be deemed to have entered into a separate contract under which the Licenced Premise agrees to purchase, and the hospitality professional agrees to provide the Licenced Premise with the services on an independent contract basis with no guarantee of ongoing or regular work following the completion of the Posted Shift ("Shift Contract"). The terms of the Shift Contract incorporate the terms of the Posted Shift described in clause 8.1 and the additional terms set out in clause 9.2 of this Agreement and any additional terms and conditions agreed between the Licenced Premise and the hospitality professional. Users agree not to enter into any contractual provisions in a Shift Contract that conflict with this Agreement. It's important for Licenced Premise and hospitality professional to comply with all relevant laws and regulations related to Anti-Money Laundering/Counter Terrorism Financing (AML/CTF) when engaging in any financial transactions, including tips. Work My Shift does not endorse or recommend the giving of tips on the platform, and if a Licenced Premise chooses to provide a tip to a hospitality professional, the Licenced Premise must take full responsibility to ensure that they comply with all applicable laws and regulations related to AML/CTF legislation. WORK MY SHIFT is not responsible for any monetary tips provided by a Licenced Premise to a hospitality professional, and such tips are independent of the hourly rate agreed to in the Shift Contract. It's important for all users of the WORK MY SHIFT platform to adhere to the AML/CTF regulations and guidelines to prevent any illegal activities and promote safety on the platform. This platform is monitored, and any illegal activity will be reported to the authorities. The terms of this Agreement, which are incorporated into a Shift Contract, unless the services are prohibited by law, this Agreement takes priority over any other terms agreed between a Licenced Premise and a hospitality professional in the Shift Contract to the extent of any inconsistency. This means that if there is any conflict between the terms of the Shift Contract and the terms of this Agreement, the terms of this Agreement will prevail. It is important for both the Licenced Premise and the hospitality professional to ensure that the terms of the Shift Contract are consistent with this Agreement to avoid any potential legal issues. 2.5. Once a hospitality professional has provided the services requested by a Licenced Premise in accordance with the Shift Contract, the hospitality professional must confirm the final duration of the shift with the Licenced Premise before leaving the Premises or event site, factoring in any breaks required by law in the state and territory the work is engaged. It is important to note that any breaks provided are inclusive of the shift duration and are incorporated in the shift duration and final fees payable. In other words, breaks are not deducted from the duration of shift being calculate. If the actual shift duration differs to what was agreed to in the Shift Post Contract, the Licenced Premise will reflect this variation when they confirm the total hours in the app and will be required to approve all shift durations worked. If a Licenced Premise does not submit the correct duration when they end the shift, this will constitute a breach of the Shift Contract. By submitting the hours worked, including any additional time worked by the hospitality professional, the Licenced Premise also triggers payment for the services. The Licenced Premise will release payment of funds to Work My Shift in addition to the relevant fees set out in the Service Fee Schedule and described in Fees below ("Service Fees"). Work My Shift uses a third-party payments provider to facilitate this transfer of funds. After the transaction is concluded by the Licenced Premise, the Licenced Premise will be mandated to provide a review of the hospitality professional using the 5 Star Rating System and they are encouraged to provide a short-written review. WORK MY SHIFT may contact Users to remind them to complete a WORK MY SHIFT hospitality professional service review. 2.6. Work My Shift provides a shift summary to both the Licenced Premise and the hospitality professional which includes relevant information so that the non-employee independent contractor and the Licenced Premise to legally complete any administration for the shift completed. However, it is the responsibility of the Licenced Premise and the non-employee independent contractor to ensure that they comply with all relevant legislation, including income tax legislation or sales tax and labour hire superannuation guarantee requirements. Work My Shift does not take any responsibility for the failure of the Licenced Premise or the non-employee independent contractor to perform their own administration to ensure that all shifts are legal and comply with relevant Australian legislation. 2.7 Work My Shift will provide a payment summary advice stating all deductions and contributions in accordance with its obligations under the Australian Taxation Office and Superannuation Legislation Australia wide for posted shift transactions completed from the Work My Shift platform. 2.8 Work My Shift will not be responsible or liable for any work performed by Hospitality Professionals outside of the Work My Shift platform. 2.9 Should a Licenced Premises engage a Hospitality Professional outside of the WMS platform there will be a once-off $5,000.00 AUD commission fee payable to WMS. 2.10. A Posted Shift will include the location of the Licenced Premise where the shift is being performed so it is visible to the hospitality professional. Please note that it is not advisable for Licenced Premise or Hospitality Professionals to exchange personal contact information such as their full name, street number, address, phone number, or email address in a Posted Shift as it could lead to potential safety and privacy concerns and breaches, however, once a shift offer has been accepted by a hospitality professional, their name and contact mobile number and the Licenced Premise contact person and contact number will be released to both parties to allow them to communicate in relation to that shift offer contract. 2.11. The WORK MY SHIFT Services may be reviewed and updated from time to time. 3. PAYMENT 3.1. The non-employee independent contractors and Licenced Premise using the Work My Shift platform are responsible for ensuring that the bank account or credit/debit card linked to their account is valid and accurate. Work My Shift is not responsible for any payments made to an incorrect bank account or credit/debit card. Should there be any payment discrepancies, please contact us on: support@workmyshift.com. Furthermore, Hospitality Professionals are required to verify their ID and link their bank account to their Work My Shift account before applying for any shifts, while a Licenced Premise must link a valid credit/debit card to their account before offering a shift to any Hospitality Professionals. For all manual transactions, a Tax Invoice will be created and emailed from Work My Shift to the Licenced Premise. 3.2. When a Licenced Premise ends a shift and confirms (approves) the duration of time worked, the Licenced Premise also triggers payment for the services. Where a Shift Payment cannot be processed for any reason, we may at our discretion suspend your account and take any of the following actions related to clause 3. 3.3.3. Should the hospitality professional need to cancel a Shift Contract once offer has been accepted, they can do so by notifying the Licenced Premises through the contact and mobile number provided when the shift offer was accepted. Only when there has been a mutual agreement between the Licenced Premise and the hospitality professional shall a Shift Post be cancelled by the Hospitality professional via using the WORK MY SHIFT platform functionality. The Shift Post will then re-open for other applicants and for the licenced Premise to re-offer shift to someone else. However, if the hospitality professional fails to show up for the shift, the Licenced Premise can end the shift by changing the shift status to "No-Show". In such cases, as the shift offer contract has not been honoured the shift will expire and WORK MY SHIFT personnel will follow up with all Users accordingly as per the Network Guidelines. 3.4. If for any reason, the Shift Payment fails, the Licenced Premise must contact WORK MY SHIFT to ensure both parties are aware of the situation. Shift Payment arrears must be cleared at most 7 days after the completion of the Shift otherwise penalty fees will apply as stated below. It is the Licenced Premise ’s responsibility to ensure that all shift account payments are not dishonoured and paid no later than 48 hours after completion of the shift otherwise a penalty fee to all dishonoured payments of $75 Dishonour Fee per shift will apply. 3.4.1 Shifts completed by Hospitality Professionals will be paid directly from the Work My Shift third party provider ( see clause 3.5 ) as per clause 3.4 provided that the Licenced Premise has authorised shift and released payment. If a Licenced Premise has not authorised a shift and released payment in time for that shift payment schedule, the payment will be suspended until the relevant Licenced Premise authorises and releases payment, and only then will payments be processed and forwarded to any Hospitality Professional. 3.5. Work My Shift (WORK MY SHIFT) uses a third-party Payment Provider to facilitate payment services on behalf of the Licenced Premise and Hospitality Professionals. By using the WORK MY SHIFT platform, Users agree to be bound by the Payment Provider's Privacy Policy located at https://stripe.com/au/privacy , and consent to share information and payment instructions between WORK MY SHIFT and the Payment Provider to complete transactions. Users also agree to be bound by the Payment Provider's terms and conditions which are located at https://stripe.com/au/legal by registering and creating an account with WORK MY SHIFT. WORK MY SHIFT clarifies that the services offered by the Payment Provider are Third Party Services, and any engagement with a Third-Party Service provider will be between the User and that provider directly. WORK MY SHIFT makes no representation or warranty regarding Third Party Services. 3.6 Work My Shift will also make superannuation contributions directly into all non-employee independent contractors nominated Super Funds under the Labour Hire Superannuation Guarantee as per the Australian Laws and legislation. To do this, Work My Shift requires certain personal information such as but not limited to, Australian Tax File Number. Superannuation Fund Name and Membership Number. All information provided will be treated confidentially as per our Privacy Statement Policy. 3.7 SUPERANNUATION PAYMENTS 3.7 For all non-employee contractors, Work My Shift will make super contributions on your behalf at the rate required by, and in accordance with its obligations under, the Australian Superannuation Guarantee Legislation. 3.8 Superannuation may be paid into a complying fund of your choice, or alternatively, you may join our preferred superannuation fund provider if you do not have a superannuation fund. You will be required to provide details of your fund at registration. 3.9 A Licence Premise will incur the cost of the superannuation guarantee contribution at the rate required by, and in accordance with its obligations under, the Australian Superannuation Guarantee Legislation. This contribution will be calculated on the Tax Invoice once a shift has concluded. 4. INSURANCE 4.1. The terms and conditions of the third-party insurance policy are available at www.workmyshift.com/insurance . If a hospitality professional is relying on any cover provided by the Licenced Premise, Work My Shift does not guarantee that the insurance offered by the Licenced Premise is adequate or appropriate for a non-employee independent contractor. It is the responsibility of each non-employee independent contractor to make their own inquiries to determine if any further insurance, such as workers' compensation, income protection or general liability insurance, is required and if any policies are engaged with these entities, the non-employee independent contractor will be responsible for all related but not limited to, all fees and claims fees if applicable. 4.2. The hospitality professional acknowledges and agrees that if a Licenced Premise makes a claim related to the services performed by them, and if the insurance taken out by Work My Shift responds to that claim, then this clause will apply. Work My Shift may choose to make a claim under the policy, and if the claim is successful, any excess payable for the claim may be recovered from the hospitality professional. Work My Shift is entitled to rely on the insurer's assessment if it makes a claim and the insurer determines that the hospitality professional is responsible. In case the hospitality professional fails to pay the excess, Work My Shift may choose to deduct the amount from any future payments owed to the non-employee independent contractor. 5. USER ACCOUNTS 5.1. To join Work My Shift, applicants must use the WORK MY SHIFT platform or mobile app sign-up feature and provide accurate and verifiable information. Prior to acceptance, WORK MY SHIFT reserves the right to perform background checks and screen hospitality professionals, including but not limited to verify licences and accreditations (tools of industry trade). User accounts on the WORK MY SHIFT platform can only be created under the name of the hospitality professional. However, Licenced Premises, including their owners and managers, may create a separate Licenced Premise account. Only one Licenced Premise account per location is allowed. 5.2. It is your responsibility to manage your WORK MY SHIFT account, and it cannot be sold or transferred to another person. To use the WORK MY SHIFT Services, you must be capable of entering into legally binding agreements under the relevant laws. The WORK MY SHIFT Services are not available to users under the age of 18. If you do not meet the qualifications to use the WORK MY SHIFT Services, you are prohibited from using them. 5.3. When registering with WORK MY SHIFT, you must provide accurate and up-to-date personal information that represents you as the hospitality professional who will be completing the shift contract. It is your responsibility to maintain control of your WORK MY SHIFT account while you are registered with the platform. You are not permitted to transfer or sell your account or allow others to use it, including any associated feedback and User ID. 5.4. At its absolute discretion, WORK MY SHIFT may refuse to allow any person to register or create an account with WORK MY SHIFT or cancel or suspend any existing account. 6. USER’S OBLIGATIONS 6.1. All Users are bound to comply with this Agreement, including all WORK MY SHIFT Policies, and all applicable laws and regulations. Users are required to post only accurate information on the WORK MY SHIFT platform and to fulfill all obligations promptly and efficiently to other WORK MY SHIFT Users under a Shift Contract and to WORK MY SHIFT under this Agreement. Any content (whether provided by WORK MY SHIFT, a User or a third party) on the WORK MY SHIFT platform may not be used on third-party sites or for other private or business purposes without Work My Shift's prior permission. Users are responsible for ensuring that they are aware of any laws that apply to them as a Licenced Premise or a hospitality professional, or in relation to any other way(s) they use the Work My Shift platform. The WORK MY SHIFT platform must not be used for any illegal or immoral purpose. 6.2. Each Licenced Premise guarantees that they will always adhere to the following terms: (a) Comply with the Australian Competition and Consumer Commission (ACCC) guide ‘Misleading job and Licenced Premise opportunity adverts: how to handle them’. This guide can be accessed at http://www.accc.gov.au/publications/misleading-job-and-Licenced Premise -opportunity-adverts-how-to-handle-them . (b) Ensure that any Shift Position Vacancy posted (Shift Contract) on the WORK MY SHIFT platform does not violate any applicable anti-discrimination and/or equal opportunity laws, including laws related to age, disability, sex or sexual orientation, race, religion, or ethnicity. (c) Ensure that the Shift Contract and any terms and conditions of the Posted Shift offered to the hospitality professional comply with local legislation. (d) Provide a safe working environment for hospitality professional and comply with relevant workplace health and safety legislation. (e) Licenced Premise will endeavour to conduct an induction and orientation of their Premises for all hospitality professional working a shift contract for safety and legislative compliance of all hospitality professional. Licenced Premise induction and orientation to include but not be limited to the following: • Who they report to in case of an emergency or incidents. • Fire Exits, Emergency Assembly Points, Fire Extinguisher Locations • Locations of First Aid Kits, Defibrillator location, First Aiders in Licensed Premise, Fire Wardens in Licensed Premise • Toilets & any Disability facilities available in Licensed Premises. • Wheelchair / Lift accesses • For Gaming – Self Exclusion Folders / Wall, YourPlay, RG Registers, Key Registers, Responsible Gambling Code of Conduct. • For Wagering venues – Betcare Folders, any new advises to be read, stock of spare stationary items. • Information on location of Cash Out Machines and Cash Redemption Terminal(s) • Orientation of their POS Software & Gaming software • Any Customer Service-related information & phone systems. 6.3. As a hospitality professional, you warrant that you must. (a) Act as an independent contractor and not seek employment with the Licenced Premise. (b) Have the necessary right to work in the country and provide services under a Shift Contract; and (c) Fulfill your tax obligations with respect to any payment received under a Shift Contract. 6.4. Each User agrees to grant Work My Shift a worldwide, royalty-free license to use, reproduce, modify, and adapt any content or information they post on the WORK MY SHIFT platform. This license allows Work My Shift to include the material and information on the WORK MY SHIFT platform as well as to provide the WORK MY SHIFT Service and promote it in a general sense. The license is unrestricted and applies to all content and information posted on the platform, subject to the terms and conditions of this Agreement. 6.5. Each User warrants that any information posted on WORK MY SHIFT platform must not, in any way whatsoever, be potentially or harmful to WORK MY SHIFT or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by WORK MY SHIFT. Without limiting any provision of this Agreement, any information you supply to WORK MY SHIFT must be up to date and kept up to date and must not: (a) be false, inaccurate, or misleading or deceptive. (b) be fraudulent or involve the sale of counterfeit or stolen items. (c) be defamatory, libellous, threatening or harassing. (d) violate any applicable law, statute, ordinance, or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti-discrimination, and trade practices/fair trading laws). (e) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality, or privacy. (f) be obscene or contain any material that, in WORK MY SHIFT's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate, or unlawful images. (g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any WORK MY SHIFT platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information. 6.6. Users of the WORK MY SHIFT platform must understand that when they enter a Shift Contract with another User, they are creating a legally binding contract. This means that they are obligated to fulfill their responsibilities under the contract, and if they do not, they may become liable to the other User. Additionally, if another User breaches their obligations under the contract, it is the responsibility of the affected User to enforce any rights they may have against that User. It is important for Users to carefully review and understand their obligations under any Shift Contract before entering it. 6.7. If WORK MY SHIFT determines that a user has breached any obligation under clause 6, it reserves the right to act, which may include removing any content or offers of work posted by the user or suspending or cancelling the user's account. This action will be taken at WORK MY SHIFT's sole discretion. 6.8 Compliance & Accreditation: It is the sole responsibility of all hospitality professional and Licenced Premise that enter into a Shift Contract to ensure they comply with the regulations and rules set out by the Victorian Gambling and Casino Control Commission (VGCCC), AUSTRAC, TABCORP, YourPlay, Self-Exclusion, Betcare, Responsible Gambling Code of Conduct, Work Health & Safety, Occupational Health & Safety, Work Safe and any other relevant industry-specific compliance requirements relevant to your state and territory the shift contract relates to. This includes maintaining current industry-specific licenses and accreditations such as Gaming Licences (RSG), (RCG), (RSG) Module Certificates, Responsible Service of Alcohol (RSA) certificates, TAB & Wagering Accreditations, TAB Basics, TAB Compliance, First Aid accreditation, and ensuring adherence to regulatory compliance within the Gaming and Wagering Industry, such as Self Exclusion, YourPlay, Betcare. Hospitality Professionals should also seek advice on where compliance documentation is located within each licenced Premises that they have accepted a shift contract with. Breaches of these regulations may result in consequences and fines from Governing body officials and authorities, should a Licenced Premise be audited by government authorities. All Licenced Premise and hospitality professional indemnify WORK MY SHIFT from any Liability in accordance with clause 11. 6.8.1 Working Interstate The address location of the hospitality professional user and Licenced Premise account registrations become the user’s default state and territory governing compliance regulatory body. It is the sole responsibility of the hospitality professional to ensure that they hold the correct licences and compliance credentials for the state and territory they intend to engage shift offers in. Should a hospitality professional wish to work interstate, they must notify the relevant State Regulatory Gaming and Wagering Authorities to inform them of their intention to work interstate and acquire the correct working authority prior to applying and accepting any shift offers. They must also update their profile to reflect this and upload copies of their relevant and current licences and credentials. 6.9 Default Uniform & Presentation: In an event where the uniform standards of a Licenced Premise have not been discussed prior to the commencement of a shift between the Licenced Premise and hospitality professional the shift contract applies; all Hospitality Professionals will comply with the industry standard default uniform and appearance: Black Shirt, Black Pants, Black flat closed toed shoes. Hair should be well groomed in style and presentation, any long hair (Shoulder length or longer) should be tied back with a plain hair band and any extra-long hair to be plaited or in a bun. 6.10 Hospitality Professional Presentation: Due to the close contact with patrons, guests, and other workers within that Licenced Premise, it is crucial to ensure your personal hygiene and presentation is at an exceptional level. You are representing yourself as a professional hospitality specialist and ensuring your personal hygiene and your presentation is at a high standard will be looked upon favourably by Licenced Premise. 6.11 Arrival Times: It is recommended that hospitality professional arrive at the contracted location before the scheduled start time. The arrival time is different to the shift contract start time and arriving earlier by 10 minutes allows time to introduce yourself to the Licenced Premise and become familiar with the work environment, unless advised by the venue operator to attend earlier for an Induction & Licensed Premise Orientation prior to a shift contract commencement. It's worth noting that arriving late could have an adverse effect on a non-employee independent contractor's performance evaluation. 6.12 Professional Conduct: There is a level of expectation that all hospitality professional and Licenced Premise representatives will have a professional and respectful manner that fosters support, encouragement, and loyalty. All users must treat each other with respect and under no circumstances will abusive behaviour be tolerated and may be cause for your account to be suspended or banned. 6.13 Network Guideline Breach: Non-compliance to the Network Guidelines will lead to your account being either suspended or banned. Please reach out to REPORT any Network guidelines misconduct by emailing: support@workmyshift.com with a subject line: REPORT A BREACH. 7. COMMUNICATIONS 7.1. By signing up to the WORK MY SHIFT platform, you agree and consent to be contacted by, and to receive and accept communications from WORK MY SHIFT and authorised partners, representatives, and/or affiliates via different communication methods, including but not limited to push notifications, SMSs, emails, and/or phone calls. By consenting to being contacted, you understand and agree that you may receive communications on various subjects, including but not limited to: (1) transactional communications relating to WORK MY SHIFT. (2) promotional, social media or marketing communications; or (3) news concerning WORK MY SHIFT or the hospitality industry. Message and data rates may apply. By agreeing to these Terms and Conditions you are consenting to be contacted and you represent that the contact details that You have provided to WORK MY SHIFT are true and correct, and that You will promptly notify WORK MY SHIFT when you stop using or change any of contact details. 7.2. To opt out of promotional or marketing material you can UNSUBSCRIBE from WORK MY SHIFT’s marketing communications via links in the emails or by emailing WORK MY SHIFT on support@workmyshift.com with subject line: UNSUBSCRIBE. To opt out of SMS communications you can reply ‘STOP’ in the SMS message thread. 8. FEES 8.1. Registering and creating an account with Work My Shift is free. There is no charge for a Licenced Premise to Post a Shift contract, or for other Work My Shift Users to review content on the WORK MY SHIFT platform, including Posted Shift Contracts. 8.2. If a Licenced Premise will incur Service Fees as set out in the Service Fee Schedule and will be calculated based on the total shift duration fee and paid to Work My Shift (or its nominee). The Service Fees are exclusive of GST and broken down in detail on the Tax Invoice sent to the Licenced Premise. 8.3. The Service Fees will be calculated and paid to WORK MY SHIFT when the shift has concluded by the Licenced Premise and the shift duration is confirmed. To be clear, Service Fees will be calculated only on the Total Shift Value paid by the Licenced Premise to the hospitality professional through the platform. Any other income (such as Tips (if any)) or expenses (such as Transport) incurred will not be included in any calculation of the Service Fees. 8.4. WORK MY SHIFT may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen (14) days after WORK MY SHIFT notifies you of that change by sending a message to your WORK MY SHIFT account. 8.5. WORK MY SHIFT may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your WORK MY SHIFT account. 8.6. All fees and charges payable to WORK MY SHIFT are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below). 8.7. If WORK MY SHIFT introduces a new service on the WORK MY SHIFT platform, the fees applying to that service will be payable from the launch of the service and will also be “Service Fees” under this Agreement. 8.8. The hospitality professional must not charge a Licenced Premise Service Fees on top of the agreed price for the Services under the Shift Contract. 7. COMMUNICATIONS 7.1. Users consent to receive communications from Work My Shift via various methods. 7.2. Opt-out options for marketing communications are available. 9. POSTING SHIFTS, APPLYING & HIRING 9.1. A Posted Shift Contract must include the following details to be accepted by WORK MY SHIFT: (a) Date, start and finish time. (b) Hourly rate: the hourly rate that the Licenced Premise is prepared to pay for the services required, including any shift loadings and entitlements; and (c) Position required and the role competency level required for that position. (d) any specific accreditation certificates necessary to perform the shift contract. Additional details should be included in the Shift Description, as follows: (a) Description and House Rules: a short description of services and details about the Licenced Premise for the hospitality professional’s attention. (b) Proximity: whether the hospitality professional may be required to perform services at more than one location; and, if the hospitality professional is required to perform services at more than one location, the maximum distance from the Licenced Premise primary location that the hospitality professional will be sent. 9.2. A Shift Contract will require the hospitality professional to: (a) Perform all duties always described in the Posted Shift to the best of your ability. (b) perform any other duties that are usually performed by a person carrying out the role described in the Posted Shift, which is consistent with your skills, training, and experience; and (c) follow all reasonable and lawful directions given to you by the Licenced Premise, including complying with policies and procedures provided to you by the Licenced Premise at the commencement of the shift. 9.3. Service Fees do not include any fees that may be due to Third Party Service Providers. All Third-Party Service fees must be paid pursuant to your separate agreement with the Third-Party Service provider. 9.4. As well as the mandatory details mentioned in paragraph 9.1, a Licenced Premise may choose to specify additional terms that s/he wants to apply to the transaction such as a qualification (for example, RSA – responsible service of alcohol qualification), or experience with specialised equipment. 9.5. Licenced Premise must describe the service fully and accurately and include all terms of Work My Shift that you want to apply, as well as any information required by law. Posted Shifts may only include text. You must have the legal right to use any content that you post. WORK MY SHIFT may, in its sole discretion, remove any Posted Shift for any reason. 9.6. In making an application, a hospitality professional agrees to provide the relevant services on the terms and conditions specified in the Posted Shift (unless the hospitality professional and the Licenced Premise agree to vary the terms and conditions during negotiations, in which case the hospitality professional must perform the services in accordance with the agreed timeframe and terms and conditions). Once a hospitality professional accepts an offer from a Licenced Premise, no further negotiations are permitted on the WORK MY SHIFT platform in relation to the provision of the relevant services. If, after the hospitality professional accepts an offer from a Licenced Premise, the hospitality professional and Licenced Premise wish to discuss any other details related to the Shift (for example, confirming the duration of a Shift or uniform to be worn), they may contact each other directly. 9.7. If a WORK MY SHIFT User wishes to provide feedback about any review made on the WORK MY SHIFT platform, please either use platform functionality, or email WORK MY SHIFT using the contact information on the WORK MY SHIFT platform. 9.8. Hospitality professional may choose not to accept any offer. Licenced Premise may withdraw any Posted Shift at any time prior to a hospitality professional applying to a shift post. 9.9. A WORK MY SHIFT hospitality professional has no obligation whatsoever to apply to any Posted Shift. And a Licenced Premises has no obligation to create a Post Shift. 9.10. A WORK MY SHIFT hospitality professional may not complete more than 40 hours of work through the platform per week. 9.11 A duration of a shift must be no less than 5 hours and any longer shift contracts must comply with all Fair Work regulatory rules and regulations regarding breaks. 9.12 Any Overnight contracts (a shift between the hours of 10pm – 7am) must be a minimum of 6 hours. 9.13 A shift offer must be accepted with 24 hours of the offer being made. If the Offer has not been accepted by the hospitality professional within 24 hours of the offer, that applicant will be automatically rejected, and the shift will be re-released back to the Licenced Premise to re-offer shift to other applicants. Should a shift expire during this process, all Licenced Premise and hospitality professional indemnify WORK MY SHIFT from any Liability. URGENT SHIFT POSTS 9.14 All posted Shifts that require a shift to be filled within 24 hours will be considered as an “URGENT SHIFT”. All rates will be displayed at the time of shift posting. All Licenced Premise should be aware that by posting an Urgent Shift, there is a possibility that their shift post may expire without any applicants, due to the short notice and accept full responsibility should this occur and indemnify WORK MY SHIFT from any Liability. 10. FEEDBACK 10.1. WORK MY SHIFT is entitled to suspend or terminate your account at any time if WORK MY SHIFT, in its sole and absolute discretion, is concerned by any feedback about you, or considers your feedback rating to be problematic for other WORK MY SHIFT Users. 10.2. To continue to improve our WORK MY SHIFT platform, please let us know of any issues that you experience using a Third-Party Service by contacting us at support@workmyshift.com . 11. LIMITATION OF LIABILITY AND INDEMNITY 11.1. Except for liability in relation to a breach of any non-excludable condition, Work My Shift's liability to any User of this service is limited to the lower of the total amount of fees paid by that User to Work My Shift during the six-month period prior to any incident causing liability of WORK MY SHIFT, of, one thousand dollars ($1,000 AUD). 11.2. WORK MY SHIFT's liability to you for a breach of any non-excludable condition (other than a non-excludable condition that by law cannot be limited) is limited, at our option to providing again or paying the cost of providing again, services in respect of which the breach occurred. 11.3. Neither WORK MY SHIFT, or its subsidiaries shall be liable for any of the following, whether based on tort, contract, or any other area of law: Loss of trade, revenue, profits, or other economic advantage; or Loss or inaccuracy of data. This limitation of liability includes any of the foregoing types of damages arising from your access or use of the WORK MY SHIFT platform. 11.4. You agree to indemnify, defend, and hold harmless Work My Shift and its officers, directors, agents, investors, and employees from and against all past, present, and future claims, causes of action, demands, lawsuits, actions, liabilities, losses, expenses, obligations or damages of every kind and nature (including personal injuries, death and property damage) or other demand of liability of any kind (including attorneys’ fees) and costs incurred by us in connection with any claim, cause of action, demand, lawsuit or action by a third party arising directly or indirectly out of or in any way connected with a) the Services, b) your failure to comply with the Terms and Conditions in any way, c) your submission of materials or content on the Services, d) any other activity in which you engage on or through or because of the Services, and e) any third-party claims, including, without limitation, those of any users or your interaction with any other user. You further agree that you will reasonably cooperate in the defence of any such claims. 11.5. In the event that you become involved in any dispute with one or more other users or WORK MY SHIFT, you hereby release and forever discharge Work My Shift and its officers, directors, agents, investors, and employees from all past, present, and future claims, causes of action, demands, lawsuits, actions, liabilities, losses, expenses, obligations or damages of every kind and nature, whether known or unknown, suspected and unsuspected, disclosed and undisclosed, arising directly or indirectly out of or in any way connected with such disputes the Services, or Work My Shift. 11.6 In the event that a hospitality professional is engaged or employed in a permanent ongoing or casual worker either in a Full Time, Part Time, Casual or Other role outside of the Work My Shift platform, you as an hospitality professional, a Licenced Premise operator, company but not limited to, hereby release and forever discharge Work My Shift and its officers, directors, agents, investors, and employees from all past, present, and future claims, causes of action, demands, lawsuits, actions, liabilities, losses, expenses, obligations or damages of every kind and nature, whether known or unknown, suspected and unsuspected, disclosed and undisclosed, arising directly or indirectly out of or in any way connected with such disputes the Services, or Work My Shift. 12. DEFAULT IN TRANSACTIONS 12.1. If you, as a hospitality professional or Licenced Premise , fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to WORK MY SHIFT's rights under this Agreement (including any WORK MY SHIFT Policy) to suspend (temporarily or indefinitely) or terminate any User’s account, you may be in breach of your obligations to both Work My Shift and the hospitality professional or Licenced Premise with whom you are transacting under a Shift Contract. 13. PRIVACY 13.1. Work My Shift’s Privacy Policy, which is available at https://www.workmyshift.com/privacy, applies to all Users and forms part of this Agreement. Use of the WORK MY SHIFT platform confirms that you consent to and authorise the collection, use and disclosure of your personal information in accordance with WORK MY SHIFT’s Privacy Policy. 13.2. Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a Third Party you must review and agree to their terms of service including their privacy policy. 14. NO WARRANTY 14.1. Except for liability in relation to any Non-Excludable Condition, the WORK MY SHIFT Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our Work My Shift suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent allowed by law. 15. NO AGENCY 15.1. No partnership, joint venture, employee-employer, principal-agent, or other similar relationship is created by this Agreement. You have no authority to bind Work My Shift, its related entities, or affiliates in any way whatsoever. Work My Shift confirms that all Third-Party Services that may be promoted on the WORK MY SHIFT platform is provided solely by such Third-Party Service providers. To the extent permitted by law, WORK MY SHIFT specifically disclaims all liability for any loss or damage incurred by any Users in any manner due to the performance or non-performance of such Third-Party Service. 16. NOTICES 16.1. Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Work My Shift's contact address (support@workmyshift.com) as displayed on the WORK MY SHIFT platform or to WORK MY SHIFT Users’ contact address as provided at registration. Any notice shall be deemed given: (a) if sent by email, 24 hours after email is sent, unless the sender is notified that the email address is invalid or the email is undeliverable, and(b) if sent by pre-paid post, three Licenced Premise Days after the date of posting, or on the seventh Licenced Premise Day after the date of posting if sent to or posted from outside Australia. In this section, "Licenced Premise Day" means a day on which banks are open for general Licenced Premise in Melbourne, Victoria, other than a Saturday, Sunday, or public holiday. (c) Notices related to the performance of any Third-Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions. 17. ARBITRATION AND DISPUTE RESOLUTION 17.1. You agree to try and resolve disputes (including claims for returns or refunds) with other WORK MY SHIFT Users directly, instead of filing a lawsuit in court (except for below). Accordingly, you acknowledge and agree that WORK MY SHIFT may, in its absolute discretion, provide your information as it decides is suitable to other parties involved in the dispute. There could be disputes which, as a matter of law, may not be subject to this agreement. 17.2. You agree that Provision 17 is a licensing agreement governed by the Federal Arbitration Act (“FAA”), comprises a transaction involving commerce, and is not a contract of employment involving any class of workers engaged in commerce within the meaning of Section 1 of the FAA. You agree that the FAA governs the interpretation and enforcement of Provision 16, and this applies to all disputes between the Parties, including but not limited to those arising out of or relating to this Agreement. In the event the arbitrator determines the FAA does not apply, the state law governing arbitration agreements in the state in which You perform Services shall apply. 17.3. Only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Provision, including without limitation any dispute concerning arbitration. However, the preceding clause shall not apply to any dispute relating to or arising out of the Class Action Waiver and/or Representative PAGA (Private Attorneys General Act) Action Waiver—including, but not limited to, any claim that all or part of the Class Action Waiver and/or Representative PAGA Action Waiver is unenforceable, unconscionable, illegal, void, or voidable—which must proceed in a court of competent jurisdiction and cannot be heard or arbitrated by an arbitrator. The Parties agree that all due dates for arbitration fees shall be tolled while the Parties resolve a dispute relating to or arising out of the Class Action Waiver or Representative PAGA Action Waiver. 17.4. You agree that all disputes or claims will be resolved in non-employee independent contractor arbitration. You agree that by entering into this Agreement, you waive the right to have any dispute or claim brought, heard, administered, resolved, or arbitrated as a class, collective, representative, or mass action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective, representative, and/or mass action, or to award relief to anyone but the non-employee independent contractor in arbitration (“Class Action Waiver”). Notwithstanding the foregoing, this subsection shall not apply to representative private attorneys general act claims brought against WORK MY SHIFT, which are addressed separately below. This Class Action Waiver does not prevent You or Work My Shift from participating in a class wide settlement that would resolve or release the relevant claims. 17.5. You agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), in any court or in arbitration, and for any claim brought on a private attorney general basis. You agree that any such dispute shall be resolved in arbitration on an non-employee independent contractor basis only, and that such an action may not be used to resolve the claims or rights of other non-employee independent contractors in a single or collective proceeding (i.e., to resolve whether other non-employee independent contractors have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Action Waiver”). 17.6. Arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”), except as follows: Unless applicable law provides otherwise, as determined by the arbitrator, You shall equally share filing fees and other similar and usual administrative costs, that are commonly shared in both court and administrative proceedings, such as court reporter costs and transcript fees; If You or WORK MY SHIFT serves an offer of judgment under Federal Rule of Civil Procedure 68, or any other state-law equivalent, and the judgment that the other Party finally obtains is not more favourable than the unaccepted offer, then the other Party shall pay the costs, including filing fees, incurred after the offer was made; or You and WORK MY SHIFT agree not to oppose or interfere with any negotiations or agreements between the other Party and the arbitration administrator, or non-employee independent contractor arbitrator, relating to a Party’s portion of the fees. 17.7. Entering Provision 17 does not change Your status as an Independent Contractor in fact and/or in law. 17.8. Arbitration is not a mandatory condition of Your contractual relationship with WORK MY SHIFT, and therefore You may opt out of this Mutual Arbitration Provision. To opt out, you must notify Work My Shift by a notice emailed to WORK MY SHIFT (support@workmyshit.com) indicating Your intention to opt out. 18. TERMINATION 18.1. Either party may terminate an account and this Agreement at any time for any reason. 18.2. Termination of this Agreement does not affect any Shift Contract that has been formed between WORK MY SHIFT Users. If you have entered a Shift Contract you must comply with the terms of that Shift Contract including providing the services or paying the price as applicable. 18.3. Third Party Services are subject to Third Party Service provider terms and conditions. 18.4. Sections 6 (User Obligations), 8 (Fees), 11 (Limitation of Liability), and 17 (Arbitration and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement. 19. GENERAL 19.1. This Agreement is governed by the laws of State and Country where you use Work My Shift. The Users and WORK MY SHIFT submit to the exclusive jurisdiction of the courts of their location per the Work My Shift platform. 19.2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable. 19.3. This Agreement may be assigned or novated by Work My Shift to a third party without your consent. In the event of an assignment or novation, you will remain bound by this Agreement. 19.4. This Agreement sets out the entire understanding and agreement between you and WORK MY SHIFT with respect to its subject matter. 20. MODIFICATIONS TO THE AGREEMENT 20.1. WORK MY SHIFT may modify this Agreement and/ or the Policies (and update the WORK MY SHIFT pages on which they are displayed) from time to time. WORK MY SHIFT will send notification of such modifications to your WORK MY SHIFT account. You should check that account regularly. 20.2. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective 30 days after they are initially notified to you. Each time you use the WORK MY SHIFT platform in any manner after the expiry of that 30-day period or such other notice period notified to you, you acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied. 20.3. If you do not agree with any changes to this Agreement (or any of our Policies), you must terminate your Work My Shift account and stop using the Work My Shift Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Work My Shift Policy cannot be amended except in writing signed by you and Work My Shift. 21. SERVICE FEE SCHEDULE 21.1. All shift rates are visible for selection at the time of Licenced Premise Operators creating a new shift post. New shift posts show the calculated costs and fees before Posting Shift Advertisement for review. Upon Posting Shift Advertisement ( Contract ) the Licensed Premise agrees to the Terms & Conditions and associated fees that govern each shift post.. 21.2 The Service Fee for a completed shift which is paid by the Licenced Premise is equal to fifteen per cent (15%) of the Total Shift Value per Shift Contract. 21.3 The Superannuation Guarantee contribution is calculated from the Total Shift Value per Shift Contract at the rate governed by the Australian Laws and Regulations payable to Work My Shift by the Licences Premise. Fees are broken down in detail on the Tax Invoice emailed to the Licenced Premise. ( Clause 3.7 ) 21.4 GST will be applied to all Tax Invoices as per the Australian Taxation Office Regulation Laws and updated accordingly. 22. IN-APP PURCHASES 22.1. Generally. From time to time, WORK MY SHIFT may offer products and services for purchase ("in app purchases") through iTunes or Google Play. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorise WORK MY SHIFT or the third party account, as applicable, to charge you. If you purchase an auto-recurring periodic subscription through an in-app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. 22.2. Auto-Renewal; Automatic Card Payment. Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement. Objections to a payment already made should be directed Work My Shift Work My Shift service. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on WORK MY SHIFT or the relevant third-party account (iTunes or Google Play Store) but be advised that you are still obligated to pay any outstanding amounts. If you want to change or terminate your subscription, you will need to log in to your third-party account (or Settings on WORK MY SHIFT) and follow instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Work My Shift application from your device. Deleting your account on Work My Shift or deleting the Work My Shift application from your device does not terminate or cancel your subscription; WORK MY SHIFT will retain all funds charged to your Payment Method until you terminate or cancel your subscription on WORK MY SHIFT or the third-party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. 22.4 REFUNDS Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within five Licenced Premise days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. Purchases of Virtual Privileges are FINAL AND NON-REFUNDABLE. To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not WORK MY SHIFT. To request a refund, go to iTunes, click on your Apple ID, select "Purchase history", find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.If you subscribed using your Google Play Store account: please contact support service with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are cancelling this agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to support@workmyshift.com. If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such a refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you because of the refund. You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Privileges. That means that such purchases are FINAL AND NON-REFUNDABLE. 22.5. Pricing. WORK MY SHIFT operates an Australia-Wide Licenced Premise and provides services to a diverse Network of members. Our pricing structure may vary by region, length of subscription, bundle size, recent in-app promotions, and other factors. We frequently test new features and price points to provide members with increased functionality and payment options should they choose to use them.