TERMS AND CONDITIONS
1) A. uniDap Solutions Pty Ltd is the authorised operator of a cloud based web Recruitment, Rostering and web marketing system called the First2Click System.
B. The First2Click System may comprise the following components:
(1) Recruitment, Rostering and Voucher Cloud Environment (RCE);
(2) Web Interface;
(3) Worker App;
(4) Voucher App; and
(5) Manager App.
C. This Cloud Environment has the following optional features and functions:
(1) Allows businesses / venues operators to manage the Recruitment and Rostering of Staff, Job Seekers and Relief Pool workers;
a. Each manager will be able request that their businesses Staff data be uploaded onto the RCE and manage such data for the benefit of their respective organisation / business.
b. Allows business / venue operators to:
i. create Vouchers / Deals to promote their business;
ii. manage the process of publishing these out to the web market;
iii. update their Social Media sites e.g. Facebook, each time a new Voucher / Deal is created;
iv. create their Voucher/Deals and to publish these out to their followers and bargain hunters with the platform calculating the ROI whilst managing at all times the redemption rate and number of Vouchers / Deals on offer at any one time; and
v. to expire Vouchers / Deals that have not been taken up, at any time during a campaign.
(2) Web Interface
a. A Worker Portal will be available for a Worker to see their Roster and be able to cancel shifts
(3) Worker App provides: -
a. all Existing Staff and Relief Pool Workers a calendar and list view of their Roster;
b. ability to notify their Manager their availability;
c. Ability to cancel a shift;
d. Job Seekers who pay a subscription fee the ability to register their interest in working at multiply businesses.
(4) Voucher App:
a. that through a geo locator allows bargain hunters to Find Vouchers / Deals and promotions;
b. that through a geo locator one can find businesses / venues to follow; and
c. allows you to secure a Voucher / Deal if you are First to Click.
(5) Manager App:
a. ability to receive notifications that a Worker has changed their Shift;
b. ability to be invite a Job Seeker to a job interview;
c. ability to process a Job Seeker to the Relief Pool Worker or Staff; and
d. ability to review profile details of Job Seekers and Relief Pool Workers.
Principal Terms and Conditions Governing Access
IN CONSIDERATION OF US PERMITTING YOU ACCESS TO THE RCE (AND ALL PAGES LINKED THROUGH THE RCE) EACH FIRST2CLICK SYSTEM USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SETOUT IN THESE RULES:
Rules for Use covering access to the RCE and Legal Notices
The RCE is operated under license by uniDap Solutions Pty Ltd ABN: 37 124 388 834 (First2Click System) of Level 4, 196 Wharf Street, Spring Hill, Brisbane, Qld, 4000.
1.1. Terms defined in this Agreement
"Agreement" means this document.
"Commencement Date" means the date on which a member first legally gains access to the Recruitment, Rostering and Voucher Cloud Environment (RCE) via either a First2Click Worker App or a First2Click Voucher App; or a First2Click Manager App.
"Confidential information" means:
(a) this Agreement;
(b) the Documentation; and
(c) all trade secrets, ideas, know-how, concepts and information regardless of its form relating to the RCE and includes all material, reports, test data, compilations of information and data and computer programs.
(a) First2Click User Guide and help files which can be access once a F2C Participant has legally gained access to the RCE; and
(b) any other printed materials designed to assist F2C Participants in the understanding of the operation of the First2Click System.
"Existing Staff" means those persons who are engaged either as on a permanent or casual basis by a business or businesses and who have downloaded the Worker App and registered with the RCE.
"F2C Participant" means as the context may require any one or more of the following:
(b) Existing Staff;
(c) Relief Pool Workers;
(d) Job Seekers;
(e) Owner operator;
"First2Click App" means any one or more of the following:
(a) Workers App;
(b) Voucher App; and
(c) Manager App;
as the context may require.
"First2Click System" means the Software system operated under license by uniDap Solutions Pty Ltd (ABN 37 124 388 834 of level 4, 196 Wharf Street, Spring Hill, Brisbane, Qld, 4000) comprising the following components:
(a) Recruitment, Rostering and Voucher Cloud Environment (RCE); and
(b) Web Interface;
(c) Worker App;
(d) Voucher App; and
(e) Manager App.
"First2Click User Guide" means the manual of that name published by First2Click Systems via the RCE.
"Internet" means the world-wide connection of computer networks providing for the transmission of electronic mail, on-line information, information retrieval and the transfer protocol.
"Job Seeker" means those persons who have downloaded the Worker App by registering onto the RCE and gained authorised access to the RCE and paying the appropriate Subscription or transaction based fees.
"Manager App" means a managers' software app that First2Click Systems is authorised to distribute and through which a participating Manager/Owner/Existing Staff is able to gain access to the RCE to manage the activities contained within the Worker App and/or the Voucher App as the case may be.
"Relief Pool Worker" means a person who have downloaded the Worker App and who has been successful in their interview with a business or businesses so as to be classified as a relief worker at that business.
"Recruitment, Rostering and Voucher Cloud Environment" (RCE) means the recruitment, rostering and voucher software application that resides in a secure cloud environment that is managed under license by the First2Click System.
"Rules" means the rules detailed in this document.
"Web Interface" means the web portal that forms part of the RCE.
"Voucher App" means the voucher /deal application that is distributed under license by First2Click System which allows customers to access the RCE in order to receive notifications of any available vouchers / deals from venues / businesses they are following or alternatively find them through reviewing the list of current vouchers on offer in their search area.
2.1. In this Agreement, unless the contrary intention appears:
(a) references to 'person' include individuals, firms, bodies corporate, associations, governments and governmental, semi-governmental and local authorities and agencies;
(b) headings are for ease of reference only and do not affect the meaning of this agreement;
(c) the singular includes the plural and vice versa and words importing a gender include other genders;
(d) other grammatical forms of defined words or expressions have corresponding meanings;
(e) a reference to a document or agreement, including this agreement, includes a reference to that document or agreement as novated, altered or replaced from time to time;
(f) a reference to a party includes its executors, administrators, successors and permitted assigns; and
(g) a reference to a Statute, ordinance or by-law includes regulations and other instructions under it and consolidations, amendments, re-enactments or replacements of any of them;
3. PRIVACY STATEMENT
Each First2Click System customer acknowledges that they have read and understood the privacy statement prior to gaining access to the RCE. The privacy statement is accessible by clicking here.
4. UPLOADING DATA
4.1. It is a condition of access to the RCE that each F2C Participant will comply with these rules in gaining access to the RCE and that they will/must not:
(a) restrict or inhibit any other user from using and enjoying the functionality of the RCE;
(b) upload to the RCE or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, bigoted, hateful, racially offensive, pornographic, profane, or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or foreign law;
(c) upload to the RCE or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy (for example, do not publicly upload without authority telephone numbers, addresses or any other private information of others) or which is protected by copyright, trade mark or other proprietary right, without first obtaining permission from the owner or right holder;
(d) upload to the RCE or transmit any information, software or other material which contains a virus or other harmful component; or
5. ACCESS TO RCE
5.1. First2Click System will use its best endeavours to give each F2C Participant legal access to the RCE.
5.2. Each F2C Participant may only gain access to the RCE via the Internet using an authorised First2Click System App except that Managers/Owners/ Existing Staff may also gain access to the RCE via the Web Interface.
5.3. Each F2C Participant will be granted access to the RCE for as long as the business they are connected with subscribes to the RCE.
5.4. Each F2C Participant acknowledges and agrees that circumstances may arise where, due to technological issue, or systems issues or other problems, the First2Click System or components thereof may not be available.
5.5. Each F2C Participant must use the functionality of the RCE in a responsible, cooperative and professional manner and must not interfere with any other user who has legal access to the RCE.
5.6. Each F2C Participant agrees for the benefit of First2Click System and also for the benefit of any other authorised user(s) who have access to the RCE that they will/must not:
(a) tamper with, hinder the operation of or make unauthorised modifications to the RCE;
(b) delete data from the RCE without permission;
(c) knowingly transmit any virus or other disabling feature to the RCE or to any other authorised user who has access to the RCE;
(d) pretend to be another person to gain access to the RCE without permission;
(e) impersonate any other person or falsely claim to represent any other person, whether living or dead, real or fictitious in their access to the RCE;
(f) Make any false, misleading or deceptive representations whilst access the RCE;
(g) make a contribution to the RCE that is defamatory or libelous or likely to damage the reputation of any person, group of people or organisation;
(h) access the RCE to invade the personal privacy of any other person or groups without some written legal authorisation;
(i) provide false or misleading information to First2Click System via the RCE or via any First2Click System App;
(j) abuse, stalk, harass, threaten or otherwise violate the legal rights of F2C Participants;
(k) use insulting, threatening or provocative language or language that is hateful towards a certain group of people, or incite hatred on the basis of race, religion, gender, nationality or sexuality or other personal characteristic;
(l) make a contribution to the RCE that includes obscene, offensive or inappropriate language or material;
(m) use the RCE to conduct any illegal activity or solicit the performance of any illegal activity;
(n) contribute to the RCE any text or other material that infringes the intellectual property rights of others or reveals confidential information;
(o) spam any material uploaded onto the RCE by sending multiple copies or versions of it;
(p) contribute material to the RCE that contains or links to any commercial advertising material;
(q) include links to or internet addresses for commercial or private websites, or any email addresses, in any material uploaded to the RCE; or
(r) attempt to do any of the above acts or knowingly permit another to do any of the above acts.
5.7. Each F2C Participant agrees to immediately notify First2Click System if they become aware that there is a threat to the security or proper operation of the RCE or the gaining of unauthorised access to the RCE.
7.1. While First2Click System will make every effort to maintain the accuracy and completeness of all the information available via the RCE, the dynamic nature of the medium means that the information available via the RCE could include errors or out of date content. (If an F2C Participant notices any error, First2Click System would appreciate it if the F2C Participant brings it to our attention). Each F2C Participant should make his/her own investigations before entering into any transaction on the basis of the contents available via the RCE. Neither First2Click System nor any other party who provides material displayed via the RCE is under any obligation to give notice of any corrections or amendments. In addition, your browser and hardware configurations, over which we have no control, may affect the performance and operation of information available via the RCE when accessed and viewed at your computer.
7.2. FIRST2CLICK SYSTEM IS PROVIDING ACCESS TO THE RCE AND ITS CONTENTS ON AN "AS IS" BASIS. FIRST2CLICK SYSTEM MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO INFORMATION MADE AVAILABLE VIA THE RCE OR ITS CONTENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRST2CLICK SYSTEM DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, FIRST2CLICK SYSTEM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE RCE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE RCE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF ERRORS OR VIRUSES. WE MAKE NO WARRANTY THAT THE RCE WILL MEET ANY REQUIREMENTS OF THE F2C PARTICIPANT OR THAT THE SERVICE PROVIDED VIA THE RCE WILL BE UNINTERRUPTED, TIMELY OR SECURE.
7.3. First2Click System may link the RCE to third party web sites. First2Click System is not responsible for the condition or content on other third party web sites, even if First2Click System links to them as those web sites are not under First2Click System's control. First2Click System is not indicating any association with or providing, expressly or implicitly, any recommendation or endorsement in any way but solely providing a convenient link. If a F2C Participant accesses other web sites from the RCE and use their products and services then the F2C Participant does so solely at your own risk. If a F2C Participant suffers any damage from visiting another's web site or using another's product or service, First2Click System accept no responsibility and will be not liable.
Each F2C Participant agrees to indemnify and defend First2Click System, and each of our directors, employees, shareholders and other representatives, and everyone who helped First2Click System create or modify the First2Click System, for all damages, losses, penalties, fines, expenses, and costs (including legal costs) whether direct or indirect which arise out of or relate to use of the First2Click by a F2C Participant, any information that a F2C Participant provides to First2Click System via the RCE and any damage that a F2C Participant may cause to the First2Click System. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and misleading and deceptive conduct.
9. CONFIDENTIAL INFORMATION
Each F2C Participant must keep the Confidential Information secret, in a safe and secure place, protect and preserve the confidential nature and secrecy of the Confidential Information, and in particular, prevent third parties from gaining access to the Confidential Information except as required by law.
10. INTELLECTUAL PROPERTY RIGHTS
(a) All material accessible via the RCE including design, text, graphics, the selection and arrangement thereof, and all software implementing the First2Click System is protected by copyright under the law of Australia and, through international treaties, other countries. The copyright in the First2Click System is operated under license by First2Click System and no F2C Participant has any rights other than the limited license granted whilst authorised to have access to the RCE via an First2Click System App.
(b) As part of the condition by which First2Click System allows an F2C Participant to upload information to the RCE, each relevant F2C Participant gives permission to First2Click System to copy, delete and distribute that material and subject to permissions granted by each relevant Manager, First2Click System also will give other users who have authorised access to the RCE the right to electronically copy the content in the usual course of operation of their web browser.
(c) Unless First2Click System gives a F2C Participant prior express written permission, any other use such as distributing, modifying, transmitting (including broadcasting), adapting, reusing, re-posting or publishing of material contained on the RCE is strictly prohibited. No F2C Participant has any permission to print out a copy of content from RCE and then make copies of that content, or email copies of content on the RCE to others. Unauthorised use of materials from the RCE will not only be a breach of this agreement but may amount to a violation of copyright, privacy and a contravention of other laws.
10.2 Trade Marks
First2Click System acknowledges that it has the legal right to display via the First2Click System all trademarks and service marks so displayed. No F2C Participant has any kind of licence or right to use such trademarks or service marks except by saving or printing out a copy of the relevant page displayed through the RCE as permitted under these rules.
11.1 Exclusion of warranties
Subject to clauses 11.2 and 11.3 neither party makes any express warranties beyond those stated in this document. All conditions and warranties implied by statute or common law are, to the fullest extent permitted by law, expressly excluded.
11.2 Non-excludable provisions
If the Competition and Consumer Act (Cth) 2010 or any similar state legislation implies into these Rules any term, condition or warranty which cannot be excluded, then such term, condition or warranty will be implied into these Rules but only to the extent that it cannot be excluded.
11.3 Warranties implied by law
Subject to clause 11.4, if there is a breach of any term, condition or warranty referred to in clause 11.2, First2Click System limits its liability to the relevant F2C Participant(s) in relation to that breach to:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods; and
(b) in the case of services, the supplying of the services again.
11.4 Exclusion of liability
Notwithstanding any provision to the contrary in these Rules, each F2C Participant specifically acknowledges and agrees that First2Click System will not be liable for any consequential, indirect or special damages howsoever. For the purposes of this clause the term "consequential, indirect or special damages" includes any damage arising out of or in connection with any loss of business opportunity, loss of a job opportunity, loss of income or remuneration, loss of profits, loss of data, loss or damage to any person's reputation or organisations' reputation.
12.1. First2Click System may immediately suspend the access to the RCE by any F2C Participant if:
(a) the F2C Participant materially breaches any term of these Rules;
(b) First2Click System reasonably considers that the F2C Participant's access to the First2Click System is interfering with or is likely to interfere with the proper functioning of the First2Click System, including as a result of any malfunctioning of the F2C Participant's computer system at any time;
(c) First2Click System reasonable believes that the credentials for a F2C Participant have been compromised;
(d) First2Click System is owed any outstanding money by a F2C Participant or any Business connected with the F2C participant.
12.2. If First2Click System suspends a F2C Participant's connection to the RCE pursuant to Clause 12.1, it will promptly notify the relevant F2C Participant.
12.3. If First2Click System is satisfied with the remedial action taken, First2Click System may lift the suspension implemented under Clause 12.1 and notify the relevant F2C Participant accordingly.
13.1. First2Click System will supply the F2C Participant, via the First2Click System, with his/her unique credentials (user name and password).
13.2. The F2C Participant must retain in a secure manner within their sole power, possession and control the credentials allocated to him/her via the First2Click System.
13.3. If First2Click System becomes aware that the credentials for a F2C Participant have been compromised First2Click System will as soon as practical following any suspension under Clause 12.1(c) supply the relevant F2C Participant with a substitute credentials.
For the purposes of this clause compromise shall mean an unauthorised disclosure of or loss of control over (or suspected disclosure or loss) of the password such as would constitute a violation of the security policy implicit in the use of the First2Click System by the F2C Participant.
14. ASSIGNMENT OR NOVATION OF THIS AGREEMENT
A F2C Participant must not assign or novate or attempt to assign or novate these Rules by disclosing their credentials (user name and password) to any third party.
First2Click System may make any changes to these Rules at any time without notice to any person. Each time a F2C participant gains access to the First2Click System they will be bound by the rules as they then stand.
If a provision or any part of the Agreement is void or voidable by either party or unenforceable or illegal but would not be void or voidable or unenforceable or illegal as aforesaid if it were read down and it is capable of being read down, it will be read down accordingly.
Any notice, consent or other communication required to be given under this document by either party to the other shall be made in writing and may be served by email.
18. GOVERNING LAW & JURISDICTION
This Agreement is governed by the laws applicable in the State of Queensland and each party submits to the non-exclusive jurisdiction of the courts within that State.
19. REFUND POLICY
uniDap Solutions Pty Ltd has worked very hard at creating the First2Click System Online Web Job Market and Voucher solution. However, we realise the solution may not be exactly what you expected or you may perceive it doesn’t quite work the way it is described. Should this rare occurrence take place, uniDap Solutions Pty Ltd will provide a full refund of the original monthly subscription or monthly subscription renewal, or Voucher Credits purchased, as the case may be, should you bring this to our attention within 1 Day from the transaction date.
We ask that you write your reason in the message box. Examples may include: you did not authorise the subscription, or the online solution is not working satisfactorily on your browser etc. If uniDap Solutions Pty Ltd, at its sole discretion, decides that your grievance is legitimate, you’ll get a refund within 3 Business Days of notifying us of your grievance. You’ll be contacted via email or SMS letting you know whether you are getting a refund or not.
Note: There is no refund on Voucher credits where these were received by the Business / Venue for free under a marketing promotion campaign by First2Click Systems.