TERMS AND CONDITIONS

This online platform (Platform) is operated by uPaged Pty Ltd trading as Upaged or its successors and assignees (we, our or us).  It is available at: www.upaged.com and may be available through other addresses or channels, including on our mobile application.

In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform connects health service facilities (Service Facilities) with healthcare practitioners (Practitioners) by facilitating introductions between Service Facilities and Practitioners.

Acceptance

By downloading our App, accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms), and you understand them; (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us and you are at least 18 years of age; and (3) agree to use the Platform in accordance with these Terms. These Terms are binding on you from the date on which we provide you with an account to enable you to use the Platform (Account).

If the person agreeing to these Terms is doing so not as an individual but on behalf of a company, its employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and the person agreeing to these Terms is binding the Represented Entity to these Terms. If the person accepting these Terms and using our services is doing so on behalf of a Represented Entity, the person represents and warrants that s/he is authorised to do so.

If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.

Practitioner Accounts and Profiles

  1. This clause is only applicable to Practitioners and “you” is a reference to the Practitioner.

  2. You may only have 1 Account on the Platform. 

  3. You must provide basic information when registering for an Account including name, email address, and location. Your email address will be your username and you may choose a password.

  4. Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile). Your Profile is personal and you must not transfer your Profile to others.

  5. You must provide accurate and complete information in your Profile, including your date of birth, contact details, visa status, Identity Check, Australian Health Practitioner Regulation Agency (AHPRA) registration, statement of work history and number of hours, specialties, practitioner level, mandatory competencies, whether you have professional indemnity insurance and other information required on the Platform to enable the Practitioner to provide the professional services to Service Facilities (Practitioner Profile). You must update your Practitioner Profile to keep it accurate, current and complete.

  6. You are responsible for keeping your Account and Practitioner Profile details and your username and password confidential and you will be liable for all activity on your Account whether or not you authorised such activities or actions. You will immediately notify us of any unauthorised use of your Account.

  7. At our sole discretion, we may refuse to allow any person to register or create an Account (including if you provide us with any information which indicates you are not a fit and proper person to be provided with an Account). If you do not provide us with information we reasonably request, we may refuse to create an Account for you.  

  8. When creating a Practitioner Profile you warrant that:

        1. you are licensed with AHPRA;

        2. you have never had a criminal conviction or this has been disclosed in accordance with any AHPRA regulations;

        3. you have never had your Practitioner’s licence suspended or revoked in any jurisdiction; and

        4. all information in your Practitioner Profile is accurate.

  1. As part of the Platform, Service Facilities will have access to your Practitioner Profile and all the personal and sensitive information contained in the Practitioner Profile. All Service Facilities on the Platform will have access to some of the information in your Practitioner Profile when using the Platform. Only those Service Facilities that you wish to provide your services to will have access to all of your personal and sensitive information. Only the human resources department of a Service Facility will receive your email address for employment related services. You consent to the disclosure of your Practitioner Profile to Service Facilities. Service Facilities will be bound by these Terms and our Privacy Policy when viewing and using your Practitioner Profile. 

Service Facility Accounts and Profiles

  1. This clause is only applicable to Service Facilities and “you” is a reference to the Service Facility. 

  2. In order to register for an Account, Service Facilities must be approved by us. You must provide an accurate and complete description of the Service Facility including facility name, provider number, address, type of facility, rates of pay to be paid to Practitioners for each particular Engagement (defined below), whether or not professional indemnity insurance covers Practitioners on Engagements, details of the Service Facility Administrator and other authorised representatives, breakdown of specialties, handy hints on accessing the Service Facility and any other information required on the Platform (Service Facility Profile). You must update your Service Facility Profile to keep it accurate, current and complete.

  3. If you are a Service Facility with more than one division at the same location within that Service Facility, you can use the same Account for multiple divisions. If you are a Service Facility and you own more than one business, you must apply for a separate Account for each business. We may provide you with multiple logins on request.  

  4. You are responsible for keeping your Account and Service Facility Profile details and your username and password confidential and you will be liable for all activity on your Account whether or not you authorised such activities or actions. 

  5. By using this Platform Service Facilities will have access to Practitioner's personal and sensitive information contained in their Practitioner Profile. You agree that this information is only to be used for the purposes of engaging the professional services of Practitioners. You are responsible for ensuring you have appropriate measures in place to protect a Practitioner's personal and sensitive information and that only authorised users at the Service Facility have access to this information.  Service Facilities must appoint an authorised representative responsible for ensuring the privacy and safety of Practitioner's personal information (Service Facility Administrator). 

  6. Any of that personal and/or sensitive information provided to you by the Practitioner is provided in accordance with these Terms, including our Privacy Policy. We make no guarantees of the accuracy or currency of the information provided to you. The information is shared with you for the purpose of employment of the Practitioner.

  7. By using this Platform we acknowledge that we will have access to confidential business information of Service Facilities’ credit card details, expenditure, employee rates offered and usage of contingency staff (Confidential Information). We agree that this Confidential Information is only to be used for the purposes of providing you with the services available on the Platform in your use of the Platform (including to disclose to third party service providers as part of providing the services). We will keep Confidential Information confidential, and not use or permit any unauthorised use of, any Confidential Information without your prior written consent, except where the disclosure is required by law. 

  8. You will immediately notify us of any unauthorised use of your Account.

  9. When creating a Service Facility Profile you warrant that:

        1. you have any licenses required to operate the Service Facility; 

        2. you will provide the conditions and rates of pay set out in your Service Facility Profile and Booking Request or as otherwise agreed upon with the Practitioner and the Service Facility; and 

        3. all information in any Booking Request (defined below) and Service Facility Profile is accurate.

Engagements 

  1. The Platform provides an introductory service for Practitioners who seek to provide their professional services to Service Facilities, and Service Facilities who want to engage the professional services of Practitioners. A Practitioner with an ability to perform professional services (1) creates an Account and Practitioner Profile and (2) updates their calendar availability to provide the professional services within their Practitioner Profile. 

  2. A Service Facility who wants to engage the professional services of Practitioners searches for Practitioners who fit their needs for engagements to perform professional services (Engagements)  and sends requests to Practitioners to fill these positions through the Platform (Booking Requests). 

  3. A Service Facility may send Booking Requests to several Practitioners. The first Practitioner or Practitioners to accept the Booking Request will be given the Engagement. 

  4. By accepting an Engagement, the Practitioner confirms that s/he is legally entitled to and capable of supplying the professional services described in the Booking Request. 

  5. Once a Practitioner has accepted a Booking Request, the Service Facility and Practitioner can communicate privately using our private messaging service. Each time a Platform user receives a message from the Platform messaging service, depending on the user’s Account settings, a notification may be sent to the user via their currently active communication channel. Any contractual arrangement between a Service Facility and Practitioner is entered into between the parties as agreed between them. 

  6. Once a Practitioner has provided the professional services requested by a Service Facility, both the Service Facility and the Practitioner must provide notice that the Engagement is complete by using the Platform functionality (Completed Engagement). Both the Practitioner and Service Facility must agree on the duration of the Completed Engagement on the Platform (for example, if the Engagement has gone for longer than originally agreed between the Practitioner and the Service Facility, the parties must adjust the hours completed via their Account). 

  7. You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. We are not an employment agency or labour hire business and Practitioners and Service Providers are independent third parties, not our employees, contractors, partners or agents.

  8. We are not a party to any agreement entered into between a Service Facility and a Practitioner. We have no control over the conduct of Service Facilities, Practitioners or any other users of the Platform.  

  9. We accept no liability for any aspect of the Practitioner and Service Facility interaction, including but not limited to the description of professional services offered, the performance and delivery of professional services and the facilities provided. We do not assist or involve ourselves in any way in any dispute between a Practitioner and a Service Facility. If you are unsatisfied with the Platform you may discontinue your use of the Platform at any time.

  10. All communications between a Practitioner and a Service Provider regarding any Engagements, Booking Requests and Completed Engagements must be carried out on the Platform. Any amendments to any Engagements, Booking Requests and Completed Engagements including time and length changes to Engagements and Completed Engagements must be carried out on the Platform.

Identity Verification

  1. In order to create a Profile, Practitioners must verify their identity and complete certain background checks, including a police check, by inputting their identity verification information on the Platform (Identity Check). We may use a third party identity verification service to verify your information (Third Party ID Service).  

  2. To the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future. 

  3. Practitioners acknowledge and agree that: 

        1. we may contact, connect to or otherwise liaise with Third Party ID Services to validate your Identity Check; 

        2. we may provide your personal information or sensitive information to Third Party ID Services , and you consent to the Third Party ID Service receiving and using this information to enable us to perform an Identity Check; and

        3. you will be charged a non-refundable fee for the Identity Check (as set out on the Platform), and we will be under no obligation to perform the Identity Check until the relevant fee has been paid to us, in accordance with the requirements specified on the Platform and these Terms.  

  1. Practitioners must obtain an Identity Check every year at the Practitioner’s expense. Practitioners have an obligation to notify the Platform where any situation changes that affects their Identity Check including a change in criminal history. Should there be a change in a Practitioner’s circumstances the Practitioners must obtain a new Identity Check at their expense.

  2. Each Service Facility acknowledges and agrees that:

        1. the Identity Check may not be fully accurate, as they are dependent on the information provided by a Practitioner and/or information or checks performed by third parties; 

        2. you should not rely on the Identity Checks, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any Practitioner’s professional services on the Platform. 

  1. In order to create a Profile, Service Facilities including Service Facility Administrators, and any other authorised user required by us, must verify their identity and complete certain background checks, by inputting their identity verification information on the Platform (also an Identity Check). This Identity Check is to assist with the protection of Practitioner’s personal and sensitive information. We may use a third party identity verification service to verify your information (Third Party ID Service). 

  2. We make no warranties, representations or guarantees of any kind, whether express or implied, or whether under these Terms, under statute or on any other basis, in relation to or connected with: 

        1. the accuracy, legitimacy, validity, credibility or authenticity of any users on the Platform;

        2. the performance of any Identity Check; and

        3. to the maximum extent permitted by law, we accept no responsibility and exclude all liability arising from, or connected with, the Identity Checks, or any use of or reliance on Identity Checks.

Ratings and Reviews 

  1. Users may rate a Completed Engagement (Rating) and/or may provide feedback regarding a Completed Engagement (Review). Users may also provide private feedback directly to the user via the Platform messaging service. 

  2. Ratings and Reviews will be displayed on the relevant Practitioner Profile or Service Facility Profile.

  3. Ratings and Reviews can be viewed by any user with an Account and will remain viewable until the relevant Practitioner Profile or Service Facility Profile is removed or terminated.

  4. Users must provide true, fair and accurate information in any Review and must not breach patient confidentiality.

  5. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the user from posting the Review. We do not undertake to review each Review made by a user.

  6. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

Fees and Payments 

  1. It is free for Practitioners to use the Platform. Any payments for professional services provided by Practitioners will be made directly between the Practitioner and the Service Facility and not through the Platform. Practitioners will only be paid to a service level they have listed on their Practitioner Profile in accordance with the rates of pay for that level in the Engagement.

  2. Service Facilities can to register an Account and create a Profile for free.

  3. For each Completed Engagement, both the Practitioner and Service Facility agree on the duration of the Completed Engagement through the Platform (Agreed Duration). The Service Facility will be charged a fee calculated as a percentage of the Agreed Duration (Fee). The Fee will be set out on the Platform or as otherwise agreed between us and the Service Facility.      

  4. Any payments will be made through our third party payment processor or by any other payment method set out on the Platform. A Service Facility’s credit/debit card may be pre-authorised up to a specified amount at the time the Service Facility makes a Booking Request. Payment of Fees will be processed at the end of the Engagement.

  5. We may offer Service Facilities discounted trials to allow the Service Facility to experience requesting professional service through the Platform. Any free trial period will be agreed between us and the Service Facility.

  6. We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account in the event that we determine that you are not eligible. 

  7. To the extent permitted by law, our Fees are non-cancellable and non-refundable.

Cancellation Policy 

      1. A Service Facility must cancel an Engagement at least 2 hours before the commencement of the Engagement by using the cancellation functionality on the Platform to avoid paying the cancellation fee as set out on the Platform (Cancellation Fee).

      2. If an Engagement is cancelled up to and including 2 hours prior to the commencement of the Engagement then the Service Facility must pay the Cancellation Fee as set out on the Platform.

      3. Any fees payable to a Service Practitioner are as between any employment agreement the Service Provider and Practitioner.

      4. A Practitioner may also cancel an Engagement before the commencement of the Engagement by using the cancellation functionality on the Platform. Where a Practitioner cancels an Engagement, less than 2 hours before the commencement of the Engagement, or otherwise does not provide the services for an Engagement, so that there is no Completed Engagement, the Platform will track the Practitioner’s cancellation rate. This cancellation rate will be displayed on their Practitioner Profile.

Reassignment

The Platform will not prohibit a Practitioner from accepting a permanent position with a Service Facility. Practitioners may advertise that they are looking for permanent positions in their Practitioner Profile.  Where a Service Facility engages a Practitioner who was introduced to them through this Platform, the Service Facility must pay us a fee for facilitating the introduction of the Practitioner to the Service Facility as set out on the Platform (Reassignment Fee).

Agreements between Practitioners and Service Facilities

To the extent of any inconsistency between these Terms and any employment agreement between any Service Facility and a Practitioner, that employment agreement will take precedence over these Terms.

Licence to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

  2. using our Platform to defame, harass, threaten, menace or offend any person;

  3. interfering with any user using our Platform;

  4. tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;

  5. anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations, all health services regulations and guidelines including the Health Practitioner Regulation National Law Act 2009 (Cth), any AHPRA guidelines and code of conduct for registered health practitioners, and all other applicable law and policy regulating health service professionals such as any state and territory laws and the Australian Consumer Law; 

  6. using our Platform to find a Practitioner or Service Facility and then completing an Engagement or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform except in accordance with the  reassignment clause above;

  7. as a Practitioner, offering any professional services that you do not intend to honour or cannot provide;

  8. as a Service Facility, making any offers to Practitioners for professional services that you do not intend to honour;

  9. using our Platform to send unsolicited email messages; or

  10. facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

With the exception of the reassignment clause above, you are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business.  If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use. 

Information

The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable): 

      1. copy or use, in whole or in part, any Content; 

      2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

      3. breach any intellectual property rights connected with our Platform, including (without limitation) by:

        1. altering or modifying any of the Content;

        2. causing any of the Content to be framed or embedded in another website; or 

        3. creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform.  By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that: 

      1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

      2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third party sites: Our Platform may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites.  

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

      1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

      2. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.  

Notice regarding Apple

      1. To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

      2. Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform. 

      3. If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

      4. Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to:

        1. product liability claims;

        2. any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and

        3. claims arising under consumer protection or similar legislation.

      5. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights. 

      6. You agree to comply with any applicable third-party terms when using our mobile application. 

      7. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

      8. You hereby represent and warrant that:

        1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and

        2. you are not listed on any U.S. Government list of prohibited or restricted parties.

Warranties, disclaimers and indemnity 

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Engagements provided by Service Facilities, or professional services provided by Practitioners, including (without limitation) that:

      1. in the case of Content, that it is complete, accurate, reliable, up-to-date and suitable for any particular purpose; 

      2. professional services provided by a Practitioner will be of a particular standard as described in the Practitioner Profile. 

      3. access to the Platform will be uninterrupted, error-free and free from viruses; 

      4. our Platform will be secure.

You read, use, and act on our Platform and the Content at your own risk.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law: 

      1. our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and

      2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

      1. Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:  

        1. event or circumstance beyond our reasonable control;

        2. acts or omissions of you or your personnel;

        3. any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;

        4. use of the Platform and/or Content;

        5. interaction you have with other users whether in person or online;

        6. any injury or loss to any person;

        7. Content which is incorrect, incomplete or out-of-date; or 

        8. breach of these Terms or any law.

      2. You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

      3. This clause will survive the termination or expiry of these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination

      1. You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform. If you cancel or deactivate your Account as a Service Facility, any Engagements will be automatically cancelled and any amounts or Fees due will be processed in accordance with the Cancellation Policy clause above. If you cancel your Account as a Practitioner, any Engagements will be automatically cancelled. 

      2. We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.

      3. At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Practitioner if you fail to meet our Identity Check or other requirements to be listed on the Platform and provide professional services (iii) as a Practitioner, you have received poor Reviews or Ratings, or (iv) we have received complaints about you including due to repeated cancellations of Engagements.

Disputes: We encourage Service Facilities and Practitioners to attempt to resolve disputes (including cancellations) with other users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Collection Notice

  1. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

  2. We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia. 

  3. Our Privacy Policy contains further information about: (i) how we store and use your personal information including your sensitive information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. 

  4. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Insurance

We recommend that Practitioners obtain appropriate professional indemnity insurance, or union membership for the purposes of the included professional indemnity insurance, for supplying their professional services or confirm with each Service Facility that they hold appropriate insurance to cover their professional services. 

Assignment 

You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected. 

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Platform and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

Our Platform may be accessed throughout Australia and overseas.  We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:

uPaged Pty Ltd ABN 16 632 742 262 trading as uPaged

Email: zara@upaged.com

Last update: 28 June 2018