Legal document · v2.0

Platform Terms of Use

Version 2.0 · Effective 1 January 2026

Terms for Businesses and Workers using Choosey Shifts and Choosey Placements.

Operator: Clip-Board Hospitality Pty Ltd ACN 603 770 547, Level 2, 240 Chapel Street, Prahran, Victoria 3181, trading as Choosey.

Summary (not part of the Terms). Choosey is a technology platform that connects hospitality Businesses with Workers for casual shifts (Choosey Shifts) and for permanent and part-time roles (Choosey Placements). We are not the employer of any Worker. Workers pay no fees. Businesses pay the fees set out in the Fee Schedule. Unlocking a Worker’s profile starts a 2-month introduction protection period.

1. About these Terms

1.1 These Platform Terms of Use (Terms) govern your access to and use of the Choosey app, website and related services (Platform), operated by Clip-Board Hospitality Pty Ltd ACN 603 770 547.

1.2 By creating an account, ticking the acceptance box, or accessing or using the Platform, you agree to these Terms, the Fee Schedule and our Privacy Policy. The Fee Schedule and the Privacy Policy form part of these Terms. You agree to these Terms electronically, and your electronic acceptance is binding in accordance with the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions (Victoria) Act 2000 (Vic).

1.3 The Platform provides two services:

  • (a) Choosey Shifts — a marketplace for Businesses to post, and Contractors to accept, casual, short-term and event shifts; and
  • (b) Choosey Placements — AI-assisted matching and introduction of Candidates to Businesses for permanent, part-time and other ongoing roles.

1.4 If you have entered into a separate written agreement with us (for example an engagement letter or an Enterprise agreement), that agreement prevails over these Terms to the extent of any inconsistency.

1.5 If you use the Platform on behalf of a Business, you confirm that you are authorised to bind that Business to these Terms.

1.6 Nothing in these Terms excludes, restricts or modifies any right, entitlement or obligation under the Fair Work Act 2009 (Cth) or any other law that cannot lawfully be excluded, restricted or modified.

2. Definitions

ABN means Australian Business Number.

ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.

AI Features means the automated and artificial intelligence functions of the Platform, including CV parsing, voice transcription, job post and brief generation, Match Scores, candidate ranking, match explanations, Reliability Scores, risk flags and activity monitoring, whether provided by us or by third-party AI providers.

Associate has the meaning given in sections 10 to 17 of the Corporations Act 2001 (Cth), and in relation to a Business includes any related body corporate, and any venue or business under common ownership, management or control with that Business.

Business means an Australian entity with an ABN or ACN that registers an account to engage Workers through the Platform.

Business User means an individual authorised by a Business to access the Platform on its behalf, including users at any of the Business’s locations.

Candidate means a Worker who makes themselves available for, is invited to, or applies for a Placement.

Confidential Information means information relating to the parties, these Terms and any information disclosed by a party to another party that is confidential in nature, but does not include information that: (I) at the date of these Terms was, or subsequently becomes, generally and publicly available other than by breach of any duty or obligation; (II) at the time it was disclosed to a party, was in the possession of that party lawfully and without breach of any duty or obligation; or (III) was not generally and publicly available at the date of disclosure but subsequently, through no act or omission of the receiving party (or any person to whom it disclosed that information), becomes available from another source and is not subject to any duty or obligation of confidence.

Contractor means a Worker who accepts Shifts through Choosey Shifts.

Data means all data and information (including Personal Information), in whatever form, that is entered into, stored in, generated by or processed through the Software.

Fee Schedule means the Choosey Fee and Subscription Schedule published on the Platform, as updated from time to time in accordance with clause 21.

Fees means the Shift Fee, the Placement Fee, Subscription fees and any other fees set out in the Fee Schedule.

Hire means a Business, or an Associate of a Business, engaging a Candidate in any capacity, whether as an employee (permanent, part-time, fixed-term or casual) or as a contractor, and Hired has a corresponding meaning.

Hire & Earn Bonus means the bonus we may pay to an eligible placed Candidate as described in clause 7.9 and the Fee Schedule.

Intellectual Property Rights includes all rights, whether registered or unregistered, in respect of copyright, trade marks, domain names, patents, designs, circuit layouts, plant varieties, trade secrets and confidential information and such other rights that generally fall within this definition, whether arising under statute or otherwise.

Introduction means the record created by the Platform when a Business Unlocks a Worker, as described in clause 10.

Match Score means a score, ranking, percentage or label generated by the AI Features to indicate how closely a Worker matches a Shift or Placement, or a Shift or Placement matches a Worker.

New Release means software provided primarily to implement an extension, alteration, improvement or additional functionality to the Software.

Outcome means the status of an Unlocked Candidate recorded by a Business on the Platform, being Hired, not hired, or still deciding (or such other statuses as the Platform provides).

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Placement means a permanent, part-time or other ongoing role posted by a Business through Choosey Placements.

Placement Fee means the fee payable by a Business for a Hire of a Candidate, as set out in the Fee Schedule.

Plan means the subscription tier selected by a Business (for example Free, Business or Enterprise), with the features, limits and prices set out in the Fee Schedule.

Platform means the Choosey app, website and related services.

Prohibited Action means an action set out in clause 13.

Protection Period means the period of 2 months commencing on the date of an Unlock.

Reliability Score means any score, rating, badge or risk indicator generated by the Platform from a Worker’s or Business’s activity, attendance, cancellations, ratings and reviews.

Replacement Period means the period set out in the Fee Schedule during which the replacement guarantee in clause 7.7 applies.

Shift means a casual, short-term or event shift posted by a Business through Choosey Shifts.

Shift Cost means the total amount payable to a Contractor for a Shift, including the agreed rate for hours worked and any agreed allowances.

Shift Fee means the fee payable by a Business on the Shift Cost, as set out in the Fee Schedule.

Software means the Choosey software and all Updates and New Releases.

Stripe means Stripe Payments Australia Pty Ltd and its related entities, which provide payment processing, subscription billing, payouts and identity verification for the Platform.

Subscription means a Business’s subscription to a paid Plan.

Unlock means the action on the Platform that reveals a Worker’s identity, contact details, CV or other masked profile information to a Business, and Unlocked has a corresponding meaning.

Update means software produced primarily to overcome defects in the Software.

User means a Business, Business User or Worker with a registered account, as the context requires.

We, Our, Us means Clip-Board Hospitality Pty Ltd ACN 603 770 547 of Level 2, 240 Chapel Street, Prahran, Victoria 3181, trading as Choosey.

Worker means a natural person who registers an account to find Shifts or Placements, and includes a Contractor and a Candidate.

You means you in your capacity as a Business, Business User or Worker, as the context requires.

3. Our role

3.1 The Platform is a technology marketplace that helps Businesses in the hospitality industry find and engage Workers, and helps Workers find Shifts and Placements.

3.2 We are not a labour hire agency or labour distributor. We do not employ Workers, we do not supply Workers to perform work in or for a Business, and we are not a party to any engagement between a Business and a Worker. In particular, for the purposes of the Labour Hire Licensing Act 2018 (Vic), the Labour Hire Licensing Act 2017 (Qld), the Labour Hire Licensing Act 2017 (SA) and any equivalent law, we do not supply Workers to perform work in and as part of a Business’s business, and we are not obliged to pay any Worker for work performed for a Business.

3.3 Any engagement is made directly between the Business and the Worker. The Business is solely responsible for the terms and nature of that engagement and for complying with all laws that apply to it, including:

  • (a) correctly characterising the engagement as employment or independent contracting;
  • (b) paying at least the minimum rates and entitlements required under the Fair Work Act 2009 (Cth), including the National Employment Standards and any applicable modern award (such as the Hospitality Industry (General) Award 2020 or the Restaurant Industry Award 2020) or enterprise agreement;
  • (c) superannuation guarantee contributions under the Superannuation Guarantee (Administration) Act 1992 (Cth) and PAYG withholding under the Taxation Administration Act 1953 (Cth), where applicable;
  • (d) workers compensation insurance and work health and safety obligations under the laws of the State or Territory where the work is performed (in Victoria, the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) and the Occupational Health and Safety Act 2004 (Vic)); and
  • (e) checking each Worker’s entitlement to work (for example using the Department of Home Affairs VEVO service) and complying with the employer obligations in the Migration Act 1958 (Cth).

3.4 We may carry out limited automated checks, such as confirming an ABN against the Australian Business Register, verifying identity through Stripe, checking certificate or licence expiry dates entered by a Worker, and extracting information from a CV. These checks are not background, reference or police checks. We do not work for, and do not guarantee, the identity, qualifications, suitability, conduct or work rights of any User. You must make your own enquiries.

3.5 We are a conduit between Businesses and Workers and, except as expressly set out in these Terms or required by law, we take no responsibility for any loss or damage arising from the conduct (including omissions) of any User.

3.6 Whilst we do not take responsibility for anything posted or uploaded to the Platform by Users, we monitor the Platform and may remove any content that we consider harmful, offensive, inappropriate, untrue, misleading, discriminatory, unlawful, or harmful or potentially harmful to our brand or our enterprise more generally.

3.7 Digital labour platform obligations. To the extent that we are a digital labour platform operator, and a Contractor is an employee-like worker, within the meaning of the Fair Work Act 2009 (Cth), we will comply with any minimum standards order or guideline made by the Fair Work Commission that applies to us and with the Digital Labour Platform Deactivation Code, and these Terms are to be read subject to them.

4. Eligibility and registration

4.1 Business registration. To register as a Business you must:

  • (a) be an Australian entity with a current ABN or ACN (which we may verify with the Australian Business Register);
  • (b) hold all necessary insurance, including workers compensation insurance;
  • (c) complete business and identity verification and payment set-up through Stripe; and
  • (d) if you are an individual acting for the Business, be authorised to act on its behalf,

(Business Registration Requirements).

4.2 Worker registration. To register as a Worker you must:

  • (a) be 18 years or older;
  • (b) be an Australian citizen or permanent resident, or hold a visa that permits you to perform the relevant work in Australia, and comply with any conditions of that visa (including any limit on working hours);
  • (c) to accept Shifts as a Contractor, hold a current ABN; and
  • (d) hold any certificate, licence or qualification required for the work you accept or apply for (for example an RSA or food safety certificate), and keep it current,

(Worker Registration Requirements).

4.3 Keeping details up to date. You must ensure that the details you give us, on registration and at any other time, are correct, complete and up to date. Workers must promptly update their profile if their work rights, visa, certificates or licences change or expire.

4.4 We may refuse a registration, or ask for further information to verify any registration details, at our reasonable discretion.

5. Accounts, Business Users and security

5.1 When you register an account you will create a user name and password or other log-in credential (Login Details). To prevent fraud, you must keep your Login Details confidential and must not share them with anyone. You must immediately notify us of any unauthorised use of your Login Details or any other breach of security relevant to us.

5.2 You are responsible for any and all activities that occur within or through your account. If you do not maintain the confidentiality of your Login Details, all resulting losses or damage incurred by us or you will be borne by you and you will indemnify us for any loss or damage suffered by us as a result, except to the extent we caused or contributed to that loss or damage.

5.3 A Business may invite Business Users, including users at different locations under an Enterprise Plan. The Business is responsible for the acts and omissions of its Business Users as if they were its own, and must remove access for any Business User who is no longer authorised.

5.4 Each account is personal to the User who registered it and must not be transferred. A Worker must not hold more than one Worker account.

6. Choosey Shifts

6.1 Posting. A Business must describe each Shift accurately, including the role, date, start and finish times, location, pay rate and any requirements. The pay rate must be no less than the minimum required by law for the work.

6.2 Matching and acceptance. The Platform may recommend Contractors for a Shift and invite them using the AI Features. A Contractor may accept or decline an invitation. When a Contractor accepts a Shift, a booking is made directly between the Business and the Contractor on the terms shown on the Platform.

6.3 Profiles and Unlocking. Some Contractor profile details, ratings and contact details may be hidden until a Business Unlocks them. Unlocking a Contractor creates an Introduction and starts a Protection Period under clause 10.

6.4 Completion and payment. After a Shift, the Business must confirm the hours worked on the Platform promptly and within any timeframe shown on the Platform. The Business authorises the Shift Cost and the Shift Fee to be charged to its nominated payment method through Stripe. The Contractor is paid through Stripe to their connected Stripe account. Payment timing depends on Stripe and the banking system and we do not guarantee any particular payout time.

6.5 Attendance and cancellations. Businesses and Contractors must honour accepted Shifts. If you need to cancel, you must do so through the Platform as early as possible. Cancellations, late arrivals and non-attendance are recorded and may affect Reliability Scores, visibility on the Platform and account standing, and may lead to suspension under clause 20.

6.6 Shift posting is available on all Plans, including the Free Plan, subject to the Fee Schedule.

6.7 Contractor status. A Contractor accepts Shifts as an independent contractor carrying on their own business. The Business must ensure that the real substance, practical reality and true nature of each engagement is consistent with independent contracting (having regard to section 15AA of the Fair Work Act 2009 (Cth)), and must not represent to a Worker that an employment relationship is an independent contracting arrangement, in contravention of section 357 of that Act.

6.8 Regular engagement. If a Business engages the same Contractor on a regular and systematic basis, or controls the manner in which the Contractor performs their work in a way consistent with employment, the Business must consider whether the Contractor should instead be engaged as an employee and, if so, engage them as an employee. The Business may do so through Choosey Placements, in which case the Placement Fee applies instead of the Shift Fee for that employment.

7. Choosey Placements

7.1 Posting a role. A Business may post a Placement by form, voice input or a hiring brief (including the Talent DNA Brief). Each Placement must be accurate, lawful and non-discriminatory, and must include a genuine salary or salary range.

7.2 Matching and invitations. The AI Features may rank Candidates against a Placement and send invitations to suitable Candidates. Each Candidate decides whether to accept an invitation and apply.

7.3 Masked profiles. Until a Business Unlocks a Candidate, the Candidate’s name, contact details, CV and other identifying information are hidden. A Business must not attempt to identify or contact a Candidate outside the Platform before Unlocking them.

7.4 Unlocking. Unlocking is subject to the limits of the Business’s Plan. Each Unlock creates an Introduction and starts a Protection Period under clause 10. The Platform will show a notice to this effect before the Business confirms an Unlock.

7.5 Recording Outcomes. A Business must record an Outcome on the Platform for every Unlocked Candidate, and update it within 7 days of any change (including when an interview is held, an offer is made or accepted, or the Business decides not to proceed). Plan limits may depend on Outcomes being recorded.

7.6 Confirming a Hire. A Business must confirm each Hire on the Platform within 7 days of the Candidate accepting an offer. We may ask the Candidate to confirm the Hire. The Placement Fee becomes payable on the earlier of the Business confirming the Hire and us otherwise becoming aware of the Hire, and is invoiced in accordance with clause 9.

7.7 Replacement guarantee. If a Hired Candidate’s employment ends within the Replacement Period, other than because of redundancy, restructure or a material change to the role by the Business, we will use reasonable endeavours to introduce replacement Candidates for the same role without a further Placement Fee, provided that the Business has paid the original Placement Fee on time and notifies us within 7 days of the employment ending. The replacement guarantee does not entitle the Business to a refund.

7.8 One active Hire. A Candidate may hold only one active Hire through Choosey Placements at a time, and must keep their availability and hire status up to date.

7.9 Hire & Earn. We may pay a Hire & Earn Bonus to an eligible Candidate who is Hired through the Platform, on the eligibility conditions set out in the Fee Schedule. The Hire & Earn Bonus is funded and paid by us, not by the Business, and is not wages or remuneration from the Business. We may change or end the Hire & Earn program at any time, but any change will not affect a bonus for which a Candidate has already become eligible.

8. AI Features and automated assessments

8.1 The Platform uses AI Features, including models provided by third-party AI providers, to operate Choosey Shifts and Choosey Placements. The AI Features process Data as described in our Privacy Policy.

8.2 Outputs of the AI Features, including Match Scores, rankings, explanations, generated text and Reliability Scores, are produced automatically and may be incomplete or inaccurate. They are provided to assist you and are not advice or a recommendation to engage or not engage any person.

8.3 A Business makes all decisions about whether to engage a Worker and remains solely responsible for those decisions, including compliance with anti-discrimination, workplace and privacy laws. A Business must not use the Platform, including any filter, preference or brief, to discriminate unlawfully, including in contravention of section 351 of the Fair Work Act 2009 (Cth), the Age Discrimination Act 2004 (Cth), the Disability Discrimination Act 1992 (Cth), the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth), the Equal Opportunity Act 2010 (Vic) or equivalent State or Territory laws.

8.4 Workers must review any profile information generated by the AI Features (for example from a CV or voice recording) and correct anything that is inaccurate.

8.5 Some AI Features may automatically limit an action, for example by blocking an automatic invitation where a Worker has a high non-attendance risk. You may ask us to review any Match Score, Reliability Score or automated limitation that affects you by contacting support@chooseyapp.com, and a member of our team will review it.

8.6 We may switch off, change or replace any AI Feature, including with rule-based processes, at any time.

9. Fees, Subscriptions and payment

9.1 Fees. Businesses must pay the Fees set out in the Fee Schedule. We do not charge Workers any fees of any kind for using or accessing the Platform.

9.2 Stripe. All payments on the Platform are processed by Stripe. We do not collect or store full card numbers or bank account details. Your use of Stripe’s services is also subject to Stripe’s terms, including the Stripe Connected Account Agreement for Users who receive payouts.

9.3 Payment collection for Shifts. Each Contractor appoints us as their limited payment collection agent solely to receive, through Stripe, payment of the Shift Cost from a Business. Payment of the Shift Cost by the Business through the Platform discharges the Business’s obligation to pay that amount to the Contractor. Shift Cost funds are processed by Stripe and paid to the Contractor’s connected Stripe account; we retain only the Shift Fee. Except as set out in this clause, we are not obliged to pay any Contractor, and we do not pay Contractors from our own funds.

9.4 Subscriptions. A Business may choose a Plan. Paid Plans are billed in advance for each billing period (monthly, or annually where offered) and renew automatically at the end of each billing period until cancelled. For annual Subscriptions, we will send a renewal reminder at least 14 days before the renewal date. The Business authorises us to charge the Subscription fee to its nominated payment method through Stripe at the start of each billing period.

9.5 Changing Plans. An upgrade takes effect immediately and the price difference for the rest of the current billing period is charged on a pro-rata basis. A downgrade takes effect from the next billing period. When a Plan changes, the features and limits of the new Plan apply.

9.6 Cancelling a Subscription. A Business may cancel a Subscription at any time through the Platform. Cancellation takes effect at the end of the current billing period and, except as required by law (including the ACL), Subscription fees already paid are not refunded. Cancellation does not affect Fees for Shifts or Hires, or obligations under clause 10.

9.7 Failed payments. If a payment fails, we will notify the Business and may retry the payment. We may suspend paid features, Unlocks or Shift posting until the amount is paid.

9.8 Invoices. Placement Fees and any Fees payable under clause 10 are invoiced by us and are payable within 7 days of the invoice date, unless otherwise agreed in writing.

9.9 Late payment. If any Fee is not paid when due, we may suspend the Business’s account and recover our reasonable costs of collection.

9.10 Changes to Fees. We may change the Fees in accordance with clause 21.

9.11 Except for payments processed through the Platform, we have no responsibility or liability for any unpaid Shift Cost, wages or other entitlements owed by a Business to a Worker.

10. Introduction protection

10.1 Each Unlock creates an Introduction between the Worker and the Business, and the Introduction extends to the Business’s Associates. The Introduction is protected for the Protection Period.

10.2 If, during the Protection Period, the Business or any of its Associates engages the Worker, directly or indirectly, other than through the Platform:

  • (a) as an employee in a permanent, part-time, fixed-term or other ongoing role, the Business must pay the Placement Fee as if the Hire had been made through the Platform; or
  • (b) on a casual, contract or shift basis, the Business must pay the Shift Fee on all amounts paid to the Worker for that work during the Protection Period, and if that engagement becomes an ongoing role, the Placement Fee.

10.3 The Business must record any engagement referred to in clause 10.2 on the Platform, or notify us, within 7 days.

10.4 We monitor Platform activity to protect Introductions, including Unlocks without a recorded Outcome and interviews not followed by an Outcome. We may send reminders, request information, refer the matter for review by our team, and invoice Fees payable under clause 10.2. The Business must respond to our reasonable requests for information within 7 days.

10.5 Clause 10.2 does not apply if the Business notifies us within 7 days of the Unlock, with reasonable evidence, that it was already engaging the Worker, or had been introduced to the Worker through an independent source, before the Unlock.

10.6 The Fees payable under clause 10.2 are payable in consideration of the Introduction we provide, and reflect the Fee the Business would have paid had the engagement been made through the Platform.

11. Your obligations

11.1 Businesses. A Business must:

  • (a) ensure its registration details and postings are accurate and up to date;
  • (b) comply with any marketing and sponsorship guidelines published on the Platform;
  • (c) pay Workers all amounts owed when due and payable, including all legal entitlements;
  • (d) be honest in all dealings, and not misrepresent or promise work conditions that cannot be provided;
  • (e) provide a safe workplace and comply with work health and safety laws;
  • (f) comply with all applicable employment, anti-discrimination and privacy laws, including in handling Workers’ Personal Information;
  • (g) carry out its own right-to-work checks;
  • (h) record Outcomes and confirm Hires in accordance with clause 7;
  • (i) ensure its Business Users comply with these Terms; and
  • (j) report any unacceptable behaviour to us.

11.2 Workers. A Worker must:

  • (a) ensure their registration details, profile, CV, qualifications and work rights are accurate and up to date;
  • (b) satisfy the Worker Registration Requirements at all times;
  • (c) use common sense and exercise caution when using the Platform;
  • (d) honour accepted Shifts, or cancel through the Platform as early as possible;
  • (e) keep their availability and hire status up to date;
  • (f) comply with the reasonable lawful directions and workplace policies of the Business while performing work; and
  • (g) report any unacceptable behaviour to us.

12. Ratings, reviews and content

12.1 Businesses and Workers may rate and review each other. Ratings and reviews must be honest, based on a genuine experience, and must not be defamatory, discriminatory, offensive or offered in exchange for any benefit.

12.2 Ratings, reviews, attendance and cancellation history may contribute to Reliability Scores and may be visible to other Users.

12.3 You retain ownership of the content you upload to the Platform. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, use, reproduce, display and adapt that content for the purpose of operating, improving and providing the Platform, and, in the case of Shift and Placement postings, promoting those postings (including on social media).

12.4 We may remove content in accordance with clause 3.6.

13. Prohibited actions

13.1 Access to and use of the Platform is provided on the basis that you will not misuse it. You must not do or attempt to do any of the following:

  • (a) commit or encourage a criminal offence;
  • (b) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  • (c) hack into any aspect of the Platform;
  • (d) corrupt Data;
  • (e) cause annoyance to other Users;
  • (f) infringe another User’s proprietary rights;
  • (g) send any unsolicited advertising or promotional material (spam);
  • (h) attempt to affect the performance or functionality of any computer facilities of or accessed through the Platform;
  • (i) use Data obtained through the Platform for any purpose other than, as applicable, engaging a Worker or responding to a Shift or Placement;
  • (j) sell Data obtained through your access to or use of the Platform;
  • (k) scrape, harvest or extract Data, or access the Platform using automated means, without our written consent;
  • (l) circumvent or attempt to circumvent profile masking, Unlock limits, Fees or Introduction protection, including by arranging an engagement outside the Platform to avoid Fees;
  • (m) create false or duplicate accounts, or impersonate any person;
  • (n) post a Shift or Placement that is misleading, discriminatory or unlawful, or that offers less than the minimum pay required by law;
  • (o) manipulate the AI Features, Match Scores, ratings or reviews, including by inserting hidden or misleading content into a CV, brief or posting; or
  • (p) use the Platform to recruit Workers for another platform, labour hire provider or recruitment agency.

13.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, tablet, phone, computer programs, data or other proprietary material, whether belonging to you or a third party, due to your access to and use of the Platform or your downloading of any material posted on it or on any Third Party Sites.

13.3 If we believe that you have misused Data or engaged in a Prohibited Action, we may:

  • (a) immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received Data from you in breach of these Terms;
  • (b) report any potential contravention of privacy or other laws to the relevant authorities; and/or
  • (c) take legal action against you seeking any available remedies, which may include the award of damages.

14. Software and availability

14.1 We grant you a limited, non-exclusive, non-transferable right to access and use the Software for the sole purpose of connecting Businesses and Workers in accordance with these Terms.

14.2 You acknowledge that the Platform is provided over the internet and mobile networks, and its quality, speed, availability and reliability may be affected by factors beyond our control.

14.3 Access to the Platform may occasionally be restricted to allow for repairs, maintenance or the introduction of new content, facilities or services. We will attempt to restore access as soon as we reasonably can.

14.4 The terms of your internet and mobile network provider continue to apply to your use of the Platform, and you may incur fees and charges from that provider.

14.5 We are not required to provide Updates or New Releases. Any Updates or New Releases we provide form part of the Software.

14.6 Except as expressly permitted by sections 47B(3), 47C, 47D, 47E or 47F of the Copyright Act 1968 (Cth), you must not, and must ensure that your officers, employees, agents and contractors do not:

  • (a) decompile, delete, reverse engineer, modify, copy, reproduce, disassemble, adapt, translate, or create any derivative works of the Software, or any Intellectual Property Rights, products or services obtained from us in respect of the Software; or
  • (b) disseminate, distribute, transmit, display, perform, publish, directly or indirectly sell, transfer, offer for sale, licence, assign, rent, timeshare or sublicense any part of the Software or any copies of the Software.

14.7 We take reasonable steps to keep the Data you send us secure, but we do not warrant that it will remain secure at all times.

15. Third party sites and services

15.1 The Platform may contain links to websites not operated by us (Third Party Sites). We have no control over Third Party Sites and accept no responsibility for them or for any loss or damage arising from your use of them. Your use of Third Party Sites is subject to their own terms.

15.2 The Platform relies on third-party service providers, including Stripe for payments and identity verification, cloud hosting providers, AI model providers and messaging providers. Their services may be affected by factors outside our control.

16. Privacy

16.1 Our Privacy Policy, which sets out how we handle Personal Information, is available on the Platform and on our website.

16.2 If you receive Personal Information of another User through the Platform, you must handle it in accordance with the Privacy Act 1988 (Cth) and use it only for the purpose for which it was provided through the Platform.

17. Intellectual property rights

17.1 You acknowledge and agree that, as between the parties and without regard to the ownership rights of third parties, all right, title and interest in and to the Software, trade marks and any other Intellectual Property Rights that comprise the Software and its associated branding (including any goodwill or other benefits accruing from your use of them) inure to our benefit.

17.2 We own the Software, trade marks and other Intellectual Property Rights that comprise the Software and its associated branding, including the design, colour scheme, general layout and appearance of the Platform, and the AI Features, Match Score and Reliability Score methodologies.

18. Confidentiality

18.1 Confidentiality obligation. Subject to clause 18.2, each party must keep confidential, and not disclose, the Confidential Information of any other party, and must use its best endeavours to protect that Confidential Information and ensure that each of its Associates complies with this clause as if it were a party.

18.2 Permitted disclosures. A party may disclose Confidential Information of another party:

  • (a) subject to clause 18.3, to its officers, employees, advisers, auditors, financiers and legal advisers to assist in the transactions contemplated by these Terms;
  • (b) subject to clause 18.3, with the prior written consent of the other party given with at least 2 business days’ notice; or
  • (c) to the extent required by law or by the rules of a stock exchange, having, to the extent practicable, consulted with the other party about the form, content, timing and manner of disclosure and claimed any available rights of confidentiality.

18.3 Onward disclosure. If a party discloses Confidential Information as permitted by clause 18.2, it must ensure, to the extent it is able, that the recipient does not disclose it to any other person.

19. Limitation of liability and indemnity

19.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other law that cannot lawfully be excluded, restricted or modified (Non-Excludable Rights). Where we are liable for a failure to comply with a Non-Excludable Right in relation to services, to the extent permitted by law our liability is limited, in accordance with section 64A of the ACL, to supplying the services again or paying the cost of having them supplied again.

19.2 Subject to clause 19.1, we do not warrant that:

  • (a) the Platform will operate uninterrupted or be accessible at all times;
  • (b) the Platform will be free from defects or errors;
  • (c) the Platform will be compatible with any software, hardware or service used by you; or

19.3 Subject to clause 19.1, to the full extent permitted by law all express and implied warranties and conditions (whether by statute, common law, equity, trade, custom, usage or otherwise) relating to the Software and the services provided by us under these Terms are excluded.

19.4 Subject to clause 19.1, to the full extent permitted by law:

  • (a) we exclude all liability for indirect or consequential loss or damage (including lost revenue, business, profit, goodwill or data) suffered, paid or incurred by you in connection with these Terms, the operation of the Platform or the provision of any services (including their defective operation), regardless of the basis of that liability and even if advised of the likelihood of such loss or damage;
  • (b) if we breach these Terms, we will be liable only for directly foreseeable loss or damage that you suffer, pay or incur; and
  • (c) our aggregate liability to you for all loss and damage arising out of or in connection with your use of the Platform and the provision of our services is limited to the greater of AUD $1,000 and the total Fees paid by you to us in the 12 months before the event giving rise to the claim; and
  • (d) nothing in this clause limits our liability for fraud or wilful misconduct.

19.5 A Business indemnifies us against any claim by a third party (including a Worker or a regulator), and any resulting loss, liability or cost (including reasonable legal costs), to the extent arising from the Business’s breach of these Terms or of any law, or from its engagement of any Worker, including any claim relating to wages, entitlements, classification of the engagement, work health and safety or discrimination. The indemnity is reduced to the extent the claim is caused or contributed to by us.

20. Term, suspension and termination

20.1 These Terms apply for as long as you have an account registered to use the Platform.

20.2 You may close your account at any time through the Platform or by emailing support@chooseyapp.com. Closing an account does not affect Fees already incurred, the remainder of any Subscription billing period, or obligations under clause 10.

20.3 At our sole and reasonable discretion, we may immediately suspend or terminate your account if:

  • (a) you are a Business and have not complied with clause 11.1, or have not paid Fees when due;
  • (b) you are a Worker and have not complied with clause 11.2;
  • (c) you engage in a Prohibited Action;
  • (d) you no longer satisfy the applicable registration requirements; or
  • (e) we reasonably consider it necessary to protect other Users, the Platform or to comply with law.

20.4 Process for Workers. Before suspending or terminating a Worker’s account, other than where we reasonably consider the Worker’s conduct to be serious misconduct or to pose a risk to the health or safety of any person, or where we are required to act by law, we will: (a) notify the Worker in writing of our concern and the reasons for it; (b) give the Worker a reasonable opportunity (of at least 7 days) to respond and, where applicable, to address the concern; and

20.5 Clauses 9, 10, 13.3, 16.2, 17, 18, 19, 23 and 24, and any other provision which by its nature is intended to survive, survive termination of these Terms.

21. Variation

21.1 We may alter the functionality or appearance of the Platform and the way we deliver our services.

21.2 Unless prevented by law, we may vary these Terms (including the Fee Schedule). Variations take effect when published on the Platform, except for Material Variations.

21.3 We will notify you of any variation that we reasonably believe will be materially detrimental to you (Material Variation) at least 30 days before it takes effect, by notice on the Platform and by email.

21.4 The following is a non-exhaustive list of Material Variations:

  • (a) imposing any fee on Workers;
  • (b) any increase to the Fees or Plan prices payable by Businesses, or any reduction in the features or limits of a paid Plan;
  • (c) us retaining your full card or bank account details; or
  • (d) any extension of the Protection Period.

21.5 If you do not accept a Material Variation, you may terminate your account without penalty by written notice to us within 14 days after we give notice of it, and we will refund any Subscription fees you have prepaid for the period after termination. Fees accrued before termination remain payable.

21.6 We recommend that you check these Terms regularly so that you are aware of the current terms and, if you wish to exercise your rights under clause 21.5, can do so within the required timeframe.

22. Complaints and disputes

22.1 If you have a query or complaint about the Platform, or an issue with a Business or Worker, please email support@chooseyapp.com.

22.2 Issues between a Business and a Worker about their engagement should be addressed and resolved between them. We may, but are not obliged to, assist.

22.3 If a dispute arises between you and us, each party must first try in good faith to resolve it by negotiation for at least 21 days before starting court proceedings, except where urgent relief is sought.

23. GST

23.1 Definitions. In this clause, GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act), and expressions in italics have the same meaning as in the GST Act.

23.2 Value of taxable supply. Except where expressly stated otherwise, any consideration payable under or in connection with these Terms represents the value of the taxable supply for which payment is to be made.

23.3 Liability to pay GST. If a party makes a taxable supply under or in connection with these Terms for consideration which, under clause 23.2, represents its value, the recipient must also pay, at the same time and in the same manner, the amount of any GST payable in respect of that supply.

23.4 Tax invoice. The party making the supply must give a valid tax invoice within 7 days of receiving payment.

24. General

24.1 Entire understanding. Subject to clause 1.4, these Terms contain the entire understanding between the parties about their subject matter and supersede all previous agreements, understandings and negotiations on that subject matter.

24.2 Governing law. These Terms are governed by the laws in force in Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria and any courts that may hear appeals from those courts.

24.3 Severance. If any provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary, and the remaining provisions continue in force.

24.4 Assignment. You may not assign your rights under these Terms without our consent. We may assign our rights under these Terms to a related body corporate or to a purchaser of the Platform business.

24.5 Notices. We may give you notices by email to the address registered to your account or through the Platform. You may give us notices by email to support@chooseyapp.com.

24.6 No waiver. A failure or delay in exercising a right under these Terms is not a waiver of that right.