Terms of Service

Welcome to LabourXP. These Terms of Service ("Terms") govern your access to and use of the LabourXP website, mobile applications, software, and related services (collectively, the "Platform").

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

LabourXP is a technology marketplace that connects employers with job seekers. LabourXP is not an employer, labour hire company, payroll provider, staffing agency, recruitment agency, or employment business unless expressly stated otherwise. LabourXP facilitates introductions and communications between employers and workers through the Platform.

LabourXP does not:

• Employ workers
• Guarantee employment opportunities
• Guarantee the suitability of employers or workers
• Process wages, salaries, superannuation, or payroll payments
• Act as a party to employment contracts between users

All employment relationships are formed directly between employers and workers.

To use the Platform, you must:

• Be at least 18 years old
• Have legal capacity to enter into contracts
• Provide accurate and complete information
• Comply with all applicable laws and regulations

Employers must have lawful authority to recruit, hire, and engage workers. Workers must possess any required work rights, licences, permits, certifications, or qualifications necessary for the jobs they apply for.

Users must create an account to access certain features. You are responsible for:

• Maintaining account security
• Keeping login credentials confidential
• Updating account information
• All activities conducted through your account

LabourXP may suspend or terminate accounts that contain inaccurate, misleading, fraudulent, or unlawful information.

Workers may create profiles containing:

• Personal details
• Licences and certifications
• Work preferences

Workers are solely responsible for ensuring that profile information remains accurate and up to date. Providing false information may result in account suspension or termination.

Employers may:

• Create company profiles
• Post employment opportunities
• Subscribe to premium services

Employers warrant that all job advertisements:

• Are lawful
• Accurately describe the role
• Do not discriminate unlawfully
• Comply with Australian employment laws

LabourXP may use artificial intelligence technologies to:

• Recommend jobs to workers
• Rank applications
• Improve matching accuracy

AI-generated recommendations are provided for informational purposes only. LabourXP does not guarantee:

• Employment outcomes
• Candidate suitability
• Accuracy of AI recommendations
• Hiring success

Users remain solely responsible for their employment decisions.

LabourXP may provide a one-click application feature. By using this feature, workers authorise LabourXP to share profile information with prospective employers. Submission of an application does not guarantee:

• Review
• Interview
• Employment
• Further communication

Certain employer features may require payment of subscription fees. Subscription plans may include:

• Unlimited job postings
• Enhanced visibility
• Premium AI matching features

Fees are payable in advance and are generally non-refundable unless required by law. LabourXP may modify subscription pricing upon reasonable notice.

Employment agreements are entered into solely between employers and workers. LabourXP is not responsible for:

• Recruitment decisions
• Employment contracts
• Workplace conduct
• Workplace disputes
• Payroll administration
• Superannuation
• Leave entitlements
• Tax obligations
• Workplace injuries

Employers remain responsible for compliance with all applicable workplace laws.

Employers must comply with:

• Fair Work Act 2009 (Cth)
• Modern Awards
• Enterprise Agreements
• Workplace Health and Safety laws
• Anti-discrimination legislation
• Superannuation obligations

Workers are responsible for ensuring they have lawful work rights in Australia.

Users must not:

• Post false or misleading information
• Harass or discriminate against others
• Upload unlawful content
• Infringe intellectual property rights
• Circumvent Platform security
• Attempt unauthorized access
• Use the Platform for unlawful purposes

LabourXP may remove content that violates these Terms.

The Platform, software, branding, logos, AI systems, content, and technology are owned by LabourXP or its licensors. Users receive a limited, non-exclusive, non-transferable licence to use the Platform. Users must not:

• Copy
• Reverse engineer
• Modify
• Distribute
• Sell
• Exploit Platform technology without written permission

Users retain ownership of information they upload. By uploading content, users grant LabourXP a worldwide, royalty-free licence to:

• Host
• Store
• Process
• Display
• Use content for Platform operations

This licence continues only for as long as necessary to operate the Platform.

LabourXP may use Amazon Web Services (AWS) and other reputable service providers to host and process Platform data. While LabourXP implements reasonable security measures, no system can guarantee absolute security. Users acknowledge that internet transmissions carry inherent risks.

LabourXP collects, uses, stores, and discloses personal information in accordance with:

• Privacy Act 1988 (Cth)
• Australian Privacy Principles
• LabourXP Privacy Policy

By using the Platform, users consent to such collection and processing.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees or rights that cannot lawfully be excluded under the Australian Consumer Law. Where permitted by law, LabourXP's liability is limited to:

• Re-supplying services; or
• Payment of the cost of re-supplying services

The Platform is provided on an "as is" and "as available" basis. LabourXP does not warrant that:

• The Platform will always be available
• Job listings are accurate
• Employers are suitable
• Workers are suitable
• Employment opportunities will be obtained

To the maximum extent permitted by law, LabourXP shall not be liable for:

• Loss of employment opportunities
• Loss of profits
• Business interruption
• Data loss
• Indirect damages
• Consequential damages
• Workplace disputes
• Employment disputes

LabourXP's aggregate liability shall not exceed the amount paid by the user to LabourXP during the preceding twelve months.

Users agree to indemnify and hold harmless LabourXP, its officers, employees, contractors, and affiliates from claims, liabilities, damages, costs, and expenses arising from:

• Breach of these Terms
• Violation of laws
• Misuse of the Platform
• User content
• Employment-related disputes

LabourXP may suspend or terminate accounts immediately where a user:

• Breaches these Terms
• Engages in fraudulent conduct
• Provides false information
• Misuses the Platform
• Creates legal or reputational risk

Users may close their accounts at any time. Termination does not affect accrued rights and obligations.

Users acknowledge that:

• Apple Inc. and Google LLC are not parties to these Terms
• LabourXP is solely responsible for the Platform
• App Store and Google Play usage must comply with applicable platform rules and policies

LabourXP may modify, suspend, or discontinue any part of the Platform at any time. We may introduce new features, remove features, or update functionality without liability.

Before commencing legal proceedings, parties agree to attempt to resolve disputes through good-faith negotiations. If unresolved, disputes may be referred to mediation in New South Wales, Australia. Nothing in this clause prevents either party from seeking urgent injunctive relief.

These Terms are governed by the laws of New South Wales, Australia. Users submit to the exclusive jurisdiction of the courts of New South Wales.

LabourXP may update these Terms from time to time. Updated Terms will become effective when published on the Platform. Continued use of the Platform constitutes acceptance of the updated Terms.

For legal notices, privacy enquiries, or complaints, please contact us:

Email: support@labourxp.com — Website: www.labourxp.com