Contractor Partner Services Agreement

This Contractor Partner Services Agreement is entered into between you, GIG-Space (Gig-Space) and Gig-Space.com Pty Ltd Pty Limited ACN 678 627 677 (Gig-Space.com Pty Ltd) (together known as the parties).

1.  ENTERING INTO AN AGREEMENT

(a)  Once you agree to these terms, you enter into an agreement with GIG-Space and Gig-Space.com Pty Ltd (the Agreement). By clicking “Yes, I agree” you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that you agree to be bound by the terms and conditions of the Agreement, and that you are legally competent to enter into this Agreement with Gig-Space.com Pty Ltd and Gig-Space.

(b)  The Agreement consists of (a) Supplemental Terms; and (b) these terms. The document that is earlier in the list will Website/Apply if there is any conflict between them. The Key Principles referred to above do not form part of this Agreement.

 

2.  TERM OF THE AGREEMENT

This Agreement starts on the date that you accept the terms and will continue until terminated in accordance with section 15.

 

3.  REQUESTS AND LICENCE

(a) If you satisfy the requirements to gain access to the GIG-Space Contractor Website/App in section 6:

(i)  GIG-Space will grant you a licence to use the GIG-Space Contractor Website/App during the term of this Agreement; and

(ii)  for a Service Fee and payment of any other fee under this Agreement, Gig-Space.com Pty Ltd will provide the GIG-Space Services to you.

4.RELATIONSHIP BETWEEN THE PARTIES

(a)  In entering into this Agreement:

(i)   you represent to GIG-Space and Gig-Space.com Pty Ltd that you operate a business providing Contracting Services and that you intend to enter into this Agreement as a self-employed provider of Contracting Services to Job Providers;

(ii) GIG-Space and Gig-Space.com Pty Ltd each offer to enter into this Agreement with you in reliance on your representation under section 4(a)(i); and

(iii)  the parties agree and acknowledge that they do not intend to create an employment, independent contractor or worker relationship between you and Gig-Space, Gig-Space.com Pty Ltd or their Affiliates, or create a legal partnership, joint venture or give you the authority to bind Gig-Space, Gig-Space.com Pty Ltd or their Affiliates or hold yourself out as our employee, worker, agent, legal partner or authorised representative.

(b) Except as otherwise provided in this Agreement, Gig-Space, Gig-Space.com Pty Ltd or their Affiliates will not direct or control you generally or in connection with your performance of Contracting Services, including your acts or omissions.

(c) There is no obligation of exclusivity under this Agreement. That means you:

(i)  retain the complete right to use other Website/Applications that connect you with on-demand work and/or to engage in any other occupation or business (including with competitor businesses) at any time, including while logged into the GIG-Space Contractor Website/App or while providing Contracting Services; and

(ii) are under no obligation to use the GIG-Space Contractor Website/App or provide Contracting Services.

 

5.YOUR OBLIGATIONS AND RIGHTS

 

5.1  Provision of Contracting Services

(a)  You can log into the GIG-Space Contractor Website/App if, when, where, and for how long, you choose.

(b)  You may accept, reject or ignore Requests at your absolute discretion.

(c)  You may also cancel accepted Requests. Repeated cancellations of accepted Requests may breach the Community Guidelines and/or result in action being taken on your account.

(d) It is your responsibility to provide all necessary equipment, tools and other materials necessary to provide Contracting Services to Job Providers, at your own cost.

(e) When you provide Contracting Services using the GIG-Space Contractor Website/App, you must at all times do so safely and in a professional manner with due skill, care, courtesy and diligence. In addition, you must comply with the Community Guidelines and other Policies, and all laws that regulate or Website/Apply to you as a provider of contracting services. This includes:

(i) Website/Applicable discrimination laws, including requirements to provide Contracting Services to Job Providers with assistance animals. These Website/Apply in each State and Territory of Australia; and

(ii) Website/Applicable safety and point to point legislation, including in relation to fatigue management. This may also include complying with reasonable instructions issued by Gig-Space.com Pty Ltd as a provider licensed under Website/Applicable point to point legislation.

(f) In addition, when performing Contracting Services, you do so as a person conducting a business or undertaking, which means you may have obligations under safety Contracting laws. You must promptly notify Gig-Space.com Pty Ltd of any accidents and any other notifiable incidents required by Website/Applicable Law that occur while providing Contracting Services to Job Providers, and cooperate and provide information requested by Gig-Space.com Pty Ltd in relation to such incidents.

5.2   Your relationship with Job Providers

By providing Contracting Services to a Job Provider, you create a direct business relationship and direct contract for the provision of those Contracting Services. You acknowledge and agree that:

(i)  neither Gig-Space, Gig-Space.com Pty Ltd nor their Affiliates are a party to the contract between you and the Job Provider;

(ii) neither Gig-Space.com Pty Ltd, GIG-Space or their Affiliates are responsible or liable for acts or omissions of any Contractor in relation to the Contracting Services;

(iii) you are solely responsible for liabilities to Job Providers or other third parties that directly arise from your acts or omissions; and

(iv) you carry out your own trade and business when providing Contracting Services (including while using the GIG-Space Contractor Website/App).

(v) It is your responsibility that the on-boarding information  provided by the job provider,  regarding the job contracted, including but not limited to OH&S, emergency contact details, emergency procedures, is read and understood by yourself. You will need to confirm this prior to the job being activated.

(vi) It is your responsibility to show all mandatory certificates, licences etc to the Job Provider, prior to undertaking the work.

 

5.3 Your account

(a) The provision of Contracting Services using the GIG-Space Contractor Website/App requires you to have access to a mobile phone and an active data plan. It is your responsibility to acquire and maintain a mobile device, and an active data plan, that can operate the GIG-Space Contractor Website/App at your own cost.

(b) The provision of contracting services is regulated in each State and Territory. This means that your account for the GIG-Space Contractor Website/App, which is verified against the licences/certifications/qualification needed in the Territory in which you are based to legally provide Contracting Services, is personal to you. They cannot be licensed, shared or modified. You must notify GIG-Space if anyone else has or may have accessed your account and you must keep your login details confidential. Of course, despite this you are under no obligation at any time to use the GIG-Space Contractor Website/App.

 (c) users can delete photos/videos anytime from their account or by emailing support@gig-space.com.

 

5.4 How do ratings work?

(a)  After receiving Contracting Services from you, a job provider and/or its customers will be prompted by the GIG-Space Website/App to rate such Contracting Services, and you will be prompted to rate your Job Provider. This can also include comments or feedback, which, along with the rating, you agree to provide in good faith. Feedback and ratings are GIG-Space Data.

(b) Gig-Space and their Affiliates are not required to verify any feedback or ratings. GIG-Space may edit or remove comments if they include obscenities, objectionable content or Personal Data, or if they violate Law or the Community Guidelines.

 

6. LICENCES, PERMITS AND YOUR CONTRACTING VEHICLE

 

6.1  Your licences and visas/work permits

 (a) Before you provide Contractor Services or accept Requests on the GIG-Space Contractor Website/App, you must at all times meet Gig-Space.com Pty Ltd's requirements as communicated to you via the GIG-Space Contractor Website/App or Gig-Space.com website during the sign-up process or otherwise notified to you from time to time in accordance with this Agreement. These include requirements that you:

(i) hold all valid licences, insurances, permits, Website/Approvals and authority necessary or required by Gig-Space.com Pty Ltd for you to provide Contracting Services in the Territory;

(ii) at all times have a right to work in the country where services are being provided as a Contracting Services provider, including that for non- citizens, you must hold a visa which permits you to provide Contracting Services;

(iii) meet Gig-Space.com Pty Ltd’s background check; and

(iv) provide Gig-Space.com Pty Ltd with any other information that Gig-Space.com Pty Ltd reasonably requests for the purposes of complying with any Website/Applicable Law.

(b) You must:

(i) provide Gig-Space.com Pty Ltd with satisfactory evidence of your visa (including any conditions), licences, insurances and work permits on request;

(ii) provide Gig-Space.com Pty Ltd with a valid Tax Business Number;

(iii) at all times comply with any Website/Applicable conditions on your licences, work permits and visa conditions or right to work while performing Contracting Services using the GIG-Space Contractor Website/App; and

(iv) notify Gig-Space.com Pty Ltd immediately of any changes to your licences, work permits, visa conditions, or right to work.

(c)  Gig-Space.com Pty Ltd or its Affiliate will arrange for a secure check of your evidence of identity document(s) provided as part of the GIG-Space Contractor Website/App sign-up process (for example, your passport or birth certificate), with a third-party provider. You confirm that you are authorised to provide such document(s) to us and you consent to the document(s) being checked with the document issuer or official record holder, whether directly or via a third-party provider, for the purpose of confirming your identity. You acknowledge and agree that where an international passport is used as proof of identity, Gig-Space.com Pty Ltd or its Affiliate may check that the identity details on your passport match the identity details on your current visa.

 

7. FEES AND PAYMENT

 

7.1 Payment of Contracting Fee

(a) You may charge a Contracting Fee for each job completed for the job provider. Except as otherwise stated in this Agreement, the Contracting Fee is the only payment you will receive from Job Providers for the provision of Contracting Services to Job Providers.

(b) After the completion of any Contracting Services you provide, you have the right to instruct Gig-Space.com Pty Ltd to charge the Job Provider a lower Contracting Fee at your discretion.

(c) GIG-Space is required to pay the contracting fee to you, less any platform service fees, upon sign-off of the contracting services by the Job Provider.

 

7.2 Calculation of Contracting Fee

(a) You are required to agree on a contracting fee with the job provider. The Job Provider will provide a fee that are willing to pay, and you may Accept or reject this fee. You may place an alternative bid for the job, being either higher or lower than the published fee. The Job Provider is under no obligation to accept this.  

7.3 Payment of tips and promotions

(a) The Contracting Fee does not include any tips. Job Providers or their customers may pay tips, either directly to you in cash or through the Website/App. Gig-Space.com Pty Ltd will collect tips made through the GIG-Space Platform on your behalf and remit the full amount of the tips to you on behalf Job Provider. Gig-Space.com Pty Ltd will not Website/Apply a fee to any of your tips.

(b) From time to time, and to market the GIG-Space Contractor Website/App or a feature or functionality to you, Gig-Space.com Pty Ltd may, at its discretion, offer a promotion or incentive to you if you satisfy certain conditions determined by Gig-Space.com Pty Ltd and communicated to you (in promotional materials, via text or in-Website/App message, email or another method). You are under no obligation to participate in any incentive offering. Any incentive payment is subject to the Website/Applicable conditions and is inclusive of GST (if any).

 

7.4 Adjustments to the Contracting Fee

(a) Gig-Space.com Pty Ltd is permitted to withhold payment of the Contracting Fee (or if the Contracting Fee has already been paid, require reimbursement of the Contracting Fee from you to the Job Provider) for a particular Contracting Service you provide if:

(i) the Website/Applicable Contracting Services were not completed.

(ii) a Job Provider has made a complaint related to your acts or omissions and Gig-Space.com Pty Ltd has taken reasonable steps to verify the veracity of the complaint; or

(iii) suspected fraudulent activity or misuse of the GIG-Space Contractor Website/App has been detected.

(b) Gig-Space.com Pty Ltd’s decision to withhold payment or require reimbursement of a Contracting Fee under section 7.4(a) must be exercised in a reasonable manner.

(c)  You can increase the contracting fee for the Job Provider if the terms of the contracting service changes (ie. Increased time or scope.) This is to be negotiated with the Job Provider at the time, agreed upon, and advised to GIG-Space by both parties in the Job sign-off link.

 

7.5 Service Fee and other fees

(a)  The Service Fee for the use of the platform is calculated as a percentage of the total of any: i) Contracting Fee; ii) additional agreed to  Fee; and iii) other fee referred to under section 7.5(b), excluding any tips, levies or other fees that Gig-Space.com Pty Ltd has determined should be exempt from the Service Fee. The Service Fee you will pay is as follows:

(i) For normal casual contracting services, and “Extended” contracting services, a 10% fee. This is payment at completion of the Job and is deducted by GIG-Space from the fee paid by the Job Provider.

(ii) For Full Time contracting Services, where the Job Provider offers you a full time position, a 0% fee will be calculated on the contract term. In this instance, the Job provider will make all payments to you direct, and make any legal deductions as required.

(b) Subject to section 7.6(c), Gig-Space.com Pty Ltd may: (i) adjust the Service Fee or other fees and charges referred to in section 7.6(d), or introduce a new model to determine the Service Fee or other amounts payable by you; and/or (ii) change the Contracting Fee Calculation. All contractors will be given written confirmation that this is to occur, a minimum of 15 days prior to any change. Changes will not affect Gigs already under contract.

(c) GIG-Space or Gig-Space.com Pty Ltd will let you know, in accordance with section 16.2, at least 30 days before making any change to the Service Fee or Contracting Fee Calculation that GIG-Space and Gig-Space.com Pty Ltd reasonably regard will be detrimental to your rights under this Agreement (including any change that results in any increase to the Service Fee or introduction of a new Service Fee model).

(d) Gig-Space.com Pty Ltd may also charge other fees, surcharges or other amounts to you in certain circumstances in consideration for providing the GIG-Space Services to you, as outlined on the Gig-Space.com website (for example, a booking fee to help cover Gig-Space.com Pty Ltd’s operational costs, and city or state based charges).

 

7.6 Payment processing

(a)  You Website/Appoint Gig-Space.com Pty Ltd as your limited payment collection agent solely for the purpose of accepting payments from Job Providers on your behalf. Payment made by Job Providers to Gig-Space.com Pty Ltd (or its Affiliates) will be considered the same as payment made directly to you, including without limitation where Gig-Space.com Pty Ltd or its Affiliates collects payment from Job Providers on your behalf prior to the commencement of the contracting services. You acknowledge and agree that Gig-Space.com Pty Ltd’s obligations under this section 7.7 may be performed by one or more of Gig-Space.com Pty Ltd’s Affiliates.

(b) Gig-Space.com Pty Ltd will remit to you, within 7 days from the contracting service being completed, payment of:

(i)                              the Contracting Fee,

(ii)                             any incentive payments due to you under section 7.3(b);

(iii)                           any tips paid by Job Providers through the GIG-Space Platform;

(iv)                           any other fees payable to you in accordance with this Agreement; and

(v)                             less any fees (including the Service Fee) charged by Gig-Space.com Pty Ltd.

 

(c) If you have agreed to adjustments, discounts or deductions from the Contracting Fee (such as insurance payments), Gig-Space.com Pty Ltd will make those and determine the order of those adjustments, discounts or deductions.

(d)  If Gig-Space.com Pty Ltd discovers payment errors that result in additional amounts being paid to you, or there is an adjustment required under section 7.4(a), Gig-Space.com Pty Ltd may deduct the amount from future fees, debit the amount from your card or bank account or seek reimbursement by other lawful means. Gig-Space.com Pty Ltd will inform you in writing if it exercises its right under this section 7.7(d), and must exercise its right in a reasonable manner.

 

7.7    Provision of invoices and receipts

 

(a)  As part of the GIG-Space Services, Gig-Space.com Pty Ltd provides you with a system for delivering tax invoices / receipts to Job Providers.

(b) Upon your completion of the Contracting Services, Gig-Space.com Pty Ltd will issue a receipt to the Job Provider on your behalf setting out a breakdown of the amounts charged for the Contracting Services. Gig-Space.com Pty Ltd will provide you with a copy of the receipt / tax invoice via the GIG-Space Contractor Website/App.

7.8   Goods and Services Tax and other Taxes

 

(a)  In relation to the Contracting Services you provide using the GIG-Space Contractor Website/App, you are responsible for completing all Tax registration obligations, for calculating and remitting all Liabilities for Taxes related to your provision of Contracting Services as required by Law, and for providing Gig-Space.com Pty Ltd with all relevant business and Tax information.Gig-Space.com Pty Ltd (or its Affiliate) may, as required by Law, withhold, deduct or collect and remit from payments due to you under this Agreement, any Taxes payable by Gig-Space.com Pty Ltd (or its Affiliate) resulting from your provision of Contracting Services using the GIG-Space Contractor Website/App, or other Taxes or amounts that Gig-Space.com Pty Ltd (or its Affiliate) is otherwise required to withhold, deduct or collect in relation to you or any payments due to you under this Agreement. Gig-Space.com Pty Ltd (or its Affiliate) may provide information regarding or in relation to payments due to you under this Agreement, and Taxes or other amounts withheld, deducted, collected or remitted directly to Tax or other governmental authorities, if required by Law. If Gig-Space.com Pty Ltd (or its Affiliate) withholds, deducts or collects any such Taxes you will not be entitled to receive any additional amount from Gig-Space.com Pty Ltd (or its Affiliate) on account of such Taxes.

(b) For the purposes of the Tax law, Gig-Space.com Pty Ltd supplies to you the GIG-Space Services in consideration for the Service Fee (and where Website/Applicable, other fees, surcharges or amounts).

(c) Except to the extent otherwise specified in this Agreement, any amounts payable by you under this Agreement are exclusive of GST. If GST is payable on any supply by Gig-Space.com Pty Ltd made under this Agreement, for which the consideration is not expressly stated to include GST, you agree to pay Gig-Space.com Pty Ltd an additional amount equal to the GST at the same time that the consideration for the supply, or the first part of the consideration for the supply (as the case may be), is to be provided. In this Agreement, GST that is payable by Gig-Space.com Pty Ltd includes GST that is payable by the representative member of Gig-Space.com Pty Ltd’s GST group.

(d) You acknowledge and agree that the Contracting Fee, and other fees and charges you charge to the Job Provider is calculated inclusive of any Website/Applicable taxes (in particular GST). Gig-Space.com Pty Ltd shall calculate the Service Fee on the tax-inclusive amount of the relevant fees and charges you charge.

 

8. INTELLECTUAL PROPERTY

 

8.1 Ownership of intellectual property rights

Gig-Space, certain of its Affiliates and their respective licensors own all rights in the GIG-Space Contractor Website/App and all GIG-Space Data, including all intellectual property rights associated with them. The only rights granted to you to the GIG-Space Contractor Website/App or GIG-Space Data are the rights set out in this Agreement. All rights not granted under this Agreement by Gig-Space, certain of its Affiliates and their respective licensors, are expressly reserved.

8.2 Your right to use the GIG-Space Contractor Website/App

Subject to you complying with your obligations under this Agreement, GIG-Space grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable licence to use the GIG-Space Contractor Website/App during the term of this Agreement. You may only install and use the GIG-Space Contractor Website/App on your mobile device to provide Contracting Services and to track Contracting Fees.

8.3 Restrictions on the use of the GIG-Space Contractor Website/App or GIG-Space Data

(a) You are responsible for maintaining the integrity of information relating to your access and use of the GIG-Space Contractor Website/App, including any password, login or key information.

(b) Without limiting any other part of this Agreement, you must not share (or enable sharing of) the GIG-Space Contractor Website/App or any information referred to under section 8.3(a) or any other GIG-Space Data with a third party (including any aggregators), except to the extent required by Law. Account sharing or having unauthorised duplicate accounts is in breach of the Community Guidelines and may result in action being taken on your account. Also, you must not copy, modify, distribute, sell or lease any part of the GIG-Space Contractor Website/App or GIG-Space Data, reverse engineer or attempt to extract the source code of any of Gig-Space's software (other than as permitted by Law) or use the GIG-Space Contractor Website/App other than in accordance with this Agreement. If this Agreement or the licence granted to you under section 8.2 terminates for any reason, you must promptly delete the GIG-Space Contractor

(c) Website/App from your mobile device.

8.4 GIG-Space Names, Marks or Works

Other than as required by Law or as expressly permitted by GIG-Space or its Affiliate, you must not use any of Gig-Space’s or its Affiliates’ names, logos, colours, trademarks, service marks, copyrights, slogans or other identifying symbols or indicia (registered or unregistered) of ownership or copyright (GIG-Space Names, Marks, or Works as Website/Applicable). You must not create or register any

(a) business names, (b) URLs, (c) domain names, (d) software Website/Application names or titles, or (e) social media handles or profiles that include GIG-Space Names, Marks, or Works or any confusingly or substantially similar mark, name or title. You must not use GIG-Space Names, Marks, or Works as your social media profile picture or wallpaper without Gig-Space's express written permission.

You must not purchase keywords (including Google AdWords) that contain any GIG-Space Names, Marks, or Works and you must not display any GIG-Space Names, Marks or Works on your Contracting Vehicle or wear a uniform or any other clothing displaying any GIG-Space Names, Marks or Works (unless Gig-Space.com Pty Ltd has agreed otherwise, or if required by Law). For clarity, you may wear clothing or a uniform that displays any name, marks or works associated with your own independent business of providing Contracting Services. Also, you must not register, or attempt to register or otherwise use or claim ownership of any GIG-Space Names, Marks or Works. If GIG-Space grants you any right to use any GIG-Space Marks, the rights of an authorised user under section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded from the licences granted under this section 8.4.

 

9. PRIVACY

(a) The terms and conditions of the GIG-SpacePrivacy Notice will Website/Apply to the collection, use and processing of your Personal Data. This includes your location data, which you must provide as a condition of your receipt of the Request.

(b)  You must comply with all Website/Applicable Data Protection Laws in connection with the Contracting Services you provide using the GIG-Space Contractor Website/App and your activities under this Agreement.

(c) Without limiting the general obligation under section 9(c):

(i)                            you must only use Personal Data for the purpose of providing the Contracting Services and you must not retain any Personal Data for longer than it takes to fulfil the relevant Request;

 

(ii)                            you must maintain Website/Appropriate measures to protect the integrity, security and confidentiality of all Personal Data against any anticipated threats or hazards, and/or unauthorised access to or use of such data;

 

(iii)                          you must promptly tell GIG-Space and Gig-Space.com Pty Ltd if you become aware of any actual or reasonably suspected unauthorised access, modification, use, disclosure, loss of or interference with Personal Data (Data Breach); and

 

(iv)                          you must promptly provide GIG-Space and Gig-Space.com Pty Ltd with any information or assistance reasonably requested by either of them for the purposes of investigating and responding to any non-compliance with this section 9, any Data Breach, or a request from a Rider or for a party's compliance with Data Protection Laws.

9.1                   Candidate Media Consent and Fair-Use Addendum

 

(a)      Optional Media Uploads

Uploading a photo or video résumé (“Candidate Media”) to your Guru profile is entirely optional. You may continue to use the GIG-Space Platform and apply for roles without uploading any media.

 

(b)      Purpose of Collection

Any Candidate Media is collected solely to assist verified Scouts (Hirers) in assessing role-relevant skills and capabilities, including communication or technical performance, where relevant to the engagement sought.

 

(c)       Who May View

Only verified Scouts who have agreed to the GIG-Space Fair-Hiring Addendum and associated non-discrimination obligations may view Candidate Media. Scouts are expressly prohibited from using such material to infer or assess protected attributes, including (without limitation) race, sex, age, disability, nationality, or religion.

The GIG-Space Privacy Policy and this Agreement together describe how your personal information, including optional Candidate Media, is collected, used, stored, and deleted. These documents are designed to ensure compliance with the Australian Privacy Principles (APPs), and you may request access to, correction of, or deletion of your personal data at any time.

 

(d)      Storage and Retention

Candidate Media will be stored securely on GIG-Space systems or approved third-party infrastructure. Such media will be deleted automatically after [insert retention period, e.g., 12 months after account inactivity] or upon your written request. You may withdraw consent or delete your media at any time through your account settings.

 

(e)      Overseas Disclosure

Data is stored or processed by Odoo ERP based in Europe, as Gig-Space.coms platform provider. All relevant privacy ans security protocols are adhered to.

 

(f)       Prohibited Content

You agree not to include in any uploaded media personal details that are irrelevant to job performance (such as date of birth, nationality, religious symbols, or family status) or any information that could identify another person without their consent.

 

(g)       Use and Disclosure

Candidate Media will not be shared, sold, or used for any purpose other than those outlined above. GIG-Space may review or moderate Candidate Media to ensure compliance with this Agreement and applicable laws.

 

 Nothing in this section prevents you from separately contacting a Job Contractor using information you have obtained outside of the GIG-Space Contractor Website/App and/or providing Contracting Services directly to a Job Provider, or establishing a separate business relationship with a Rider, outside of this Agreement.

  

10.    MODERN SLAVERY PROHIBITION

 

You must not engage in any practice which would violate any national or international law regarding slavery, human trafficking, debt bondage, child labour, or deceptive recruitment for labour or services (“Modern Slavery”). You must notify Gig-Space.com Pty Ltd as soon as you become aware of any actual or suspected risk or instance of Modern Slavery in a supply chain that has a connection with this Agreement. You can report any instances of Modern Slavery to Gig-Space.com Pty Ltd through the Help section under Safety in the GIG-Space Website/App.

 

10A. Equal Opportunity and Non-Discrimination

(a)      Commitment to Equal Opportunity

You agree to uphold and respect all applicable anti-discrimination and equal employment opportunity (EEO) laws. You must not discriminate against any Job Provider, Scout, or GIG-Space user based on protected attributes including, but not limited to, race, colour, age, sex, gender identity, sexual orientation, national or ethnic origin, disability, marital status, or religion.

(b)      Merit-Based Engagement

You acknowledge that all opportunities and engagements on the GIG-Space Platform must be assessed solely on merit, qualifications, experience, and the ability to perform the relevant services.

(c)      Reporting and Enforcement

You agree to immediately notify GIG-Space of any discriminatory behaviour or suspected breach of these obligations occurring within the Platform. GIG-Space reserves the right to suspend or terminate access to the Platform for any user found to be in breach.

(d)      Indemnity

You agree to indemnify and hold harmless GIG-Space, its affiliates, and personnel from any claim, loss, or proceeding arising from your breach of this clause or any applicable anti-discrimination law.

11.  REPRESENTATIONS AND WARRANTIES

 

11.1  Your representations and warranties

You represent and warrant throughout the term of this Agreement that:

(a) you have full power and authority to enter into this Agreement and perform your obligations under this Agreement;

(b)  you have not entered into, and during the term of this Agreement will not enter into any agreement that would prevent you from complying with this Agreement;

(c) you will comply with all Website/Applicable Laws in relation to your performance of this Agreement and use of the GIG-Space Contractor Website/App; and

(d) any information that you provide to Gig-Space.com Pty Ltd and/or GIG-Space in connection with this Agreement is accurate, complete and up-to-date.

 

11.2                 General disclaimer

(a)  This section 11.2 Website/Applies only to the maximum extent permitted by Website/Applicable Law and does not (and is not intended to) override any rights that you have pursuant to Website/Applicable Law, including the Australian Consumer Law.

(b) You acknowledge and agree that Gig-Space.com Pty Ltd makes no guarantee that you will receive Requests via the GIG-Space Contractor Website/App.

(c) Except as required under the Consumer Law, Gig-Space, Gig-Space.com Pty Ltd and their Affiliates make no representations, and expressly disclaim all warranties, express or implied, regarding the GIG-Space Contractor Website/App or any portion of them. GIG-Space provides the GIG-Space Contractor Website/App 'as is' and 'as available'. Without limitation, GIG-Space does not guarantee the availability or uptime of the GIG-Space Contractor Website/App or that access or use of the GIG-Space Contractor Website/App will be uninterrupted or error-free. You acknowledge that the GIG-Space Contractor Website/App may be unavailable due to scheduled maintenance or network failure or limitations, delays, and other problems inherent in the use of the internet and electronic communications. Gig-Space, Gig-Space.com Pty Ltd and their Affiliates make no representations, warranties or guarantees as to the actions or inactions of the Rider, or the availability of the GIG-Space Contractor Website/App.

 

12.  INDEMNIFICATION

(a) You must indemnify, defend (at Gig-Space's or Gig-Space.com Pty Ltd’s option) and hold harmless Gig-Space, Gig-Space.com Pty Ltd, their Affiliates and their respective directors, officers, employees and agents from Liability of any of them arising out of or related to any of the following: (i) your failure to comply with any provisions of this Agreement; (ii) your breach of Website/Applicable Law or Tax obligations; or (iii) third party claims directly or indirectly related to your provision of Contracting Services or use of the GIG-Space Contractor Website/App.

(b) Your liability under this section 12 will be reduced proportionally if, and to the extent that, GIG-Space or Gig-Space.com Pty Ltd or their employees or agents directly caused or directly contributed to any of the matters described in section 12(a).

 

13. LIMITATION OF LIABILITY

(a) In no event will Gig-Space, Gig-Space.com Pty Ltd and their Affiliates be liable for any claim for any indirect, wilful, punitive, incidental, exemplary, special or consequential damages or for your or any third party’s property damage or loss, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage arising out of or related to your use of the GIG-Space Contractor Website/App or your provision of Contracting Services, whether based on contract, tort or any other legal theory, even if Gig-Space, Gig-Space.com Pty Ltd and their Affiliates have been advised of the possibility of such damages.

(b) Subject to section 13(c), in no event will Gig-Space’s and Gig-Space.com Pty Ltd's combined total cumulative liability of each and every kind to you under this Agreement exceed the aggregate amount of Contracting Fees actually remitted or due to you under this Agreement in the six month period immediately preceding the event giving rise to the relevant claim.

(c) This section 13 Website/Applies only to the maximum extent permitted by Website/Applicable Law and does not (and is not intended to): (i) override any rights that you have pursuant to Website/Applicable Law, including the Australian Consumer Law; or (ii) Website/Apply to any damage or loss arising from death, personal injury or damage to tangible property directly caused by the negligence, fraud or wilful misconduct of Gig-Space, Gig-Space.com Pty Ltd and their Affiliates.

 

14.  INSURANCE

(a)  You must, at your cost, take out and maintain:

(i)                              Public Indemnity and Public Liability Insurance

(ii)                             workers' compensation insurance, as required by Website/Applicable Law. Where permitted by Website/Applicable Law, you may choose to maintain occupational accident insurance in place of workers' compensation insurance or, at your risk, not insure yourself against industrial injuries.

(b) For your workers’ compensation insurance, you acknowledge and agree that: (i) you are self-employed and you are not an employee or deemed worker of GIG-Space and/or Gig-Space.com Pty Ltd for the purposes of Website/Applicable Law; and (ii) accordingly, neither Gig-Space.com Pty Ltd or GIG-Space is required to maintain or provide you with workers' compensation insurance or any other occupational injury insurance.

 

15. TERMINATION

 

15.1 Termination by you

You are under no obligation to use the GIG-Space Contractor Website/App or to accept Requests while using the GIG-Space Contractor Website/App. If you choose to stop using the GIG-Space Contractor Website/App, you may do so without giving GIG-Space or Gig-Space.com Pty Ltd any notice, or you may terminate this Agreement and cease receiving the GIG-Space Services without notice.

 

15.2  Termination by Gig-Space.com Pty Ltd and Gig-Space

 

(a) Subject to any requirements under Website/Applicable Law, GIG-Space or Gig-Space.com Pty Ltd may, acting reasonably, terminate this Agreement in its entirety by giving you 30 days' prior written notice of termination, for any legitimate business, legal or regulatory reason.

(b) GIG-Space may also immediately restrict or remove your access to the GIG-Space Contractor Website/App, and provide you with written notice of the restriction or removal, if:

(i)                              you commit a material breach of this Agreement; or

(ii)                             an act or omission by you, in Gig-Space’s reasonable judgment, is: (a) in breach of Website/Applicable Laws; (b) in violation of the Community Guidelines or any other Policy; or (c) creates a risk to health and safety of yourself or others, including in relation to fatigue.

(c) GIG-Space may temporarily restrict your access to the GIG-Space Contractor Website/App if it or an Affiliate is investigating an alleged breach referred to under section 15.2(b) (including in response to complaints from Job Providers about your conduct). There may be circumstances in which GIG-Space is unable to provide you with information about the alleged breach whilst an investigation is ongoing (either by GIG-Space and/or a third party such as the police).

(d)  GIG-Space may, but is not obliged to, reinstate your access to the GIG-Space Contractor Website/App where conduct contrary to section 15.2(b) is capable of remedy and is remedied by you and documentation is provided to GIG-Space to confirm this.

 

15.3  Effect of termination

 

Outstanding payment obligations and sections 1 (‘Entering into an agreement’),

5.3(b) (‘Your account’),

7.4 (‘Adjustments to the Contracting Fee’),

7.7(d) (‘Payment processing’),

7.9 (‘GST and other Taxes’),

8.1 (‘Ownership of intellectual property rights’),

8.3 (‘Restrictions on the use of the GIG-Space Contractor Website/App or GIG-Space Data’),

8.4 (‘GIG-Space Names, Marks or Works’),

9 (‘Privacy’),

11.2 (‘General disclaimer’),

12 (‘Indemnification’),

13 (‘Limitation of liability’),

14 (‘Insurance’) (to the extent that insurances are required to be maintained after the term),

15.3 this section

16 (‘General provisions’)

and 17 (‘Definitions and interpretation’)

shall survive the termination of this Agreement.

 

16. GENERAL PROVISIONS

 

16.1 Notice

(a) Notices to GIG-Space and Gig-Space.com Pty Ltd under this Agreement may be provided via the GIG-Space Contractor Website/App or by post to the address specified below, or an updated address provided by a party to the other by notice under this section.

(b) Notices sent by post to Gig-Space.com Pty Ltd should be delivered to the registered address of GIG-Space Pty Ltd, or info@GIG-Space.com. Notices to you will be provided by email to the email address associated with your account or by posting on the portal available to you on the GIG-Space Contractor Website/App.

(c) A notice will be considered to be received: (i) on actual delivery, if sent via the GIG-Space Contractor Website/App or email (unless the sender receives notification that the email failed to be delivered); and (ii) 2 business days after the date of posting, if sent by post.

 

16.2  Modifications to this Agreement

(a) GIG-Space and Gig-Space.com Pty Ltd, may, from time to time modify, update or replace the terms and conditions of this Agreement by making the updated version of these terms, Supplemental Terms, or other information available to you (including via hyperlinks in this document) via the GIG-Space Contractor Website/App or by publishing a new version of that document or information on the Gig-Space.com website.

(b) If GIG-Space or Gig-Space.com Pty Ltd reasonably regard a modification to the Agreement or any Supplemental Terms will be detrimental to your rights under this Agreement, GIG-Space and Gig-Space.com Pty Ltd will let you know at least 30 days before that modification is effective. During that 30 day period (and at any other time you choose), you have the right to terminate this Agreement in accordance with section 15.1.

(c) You will have consented to the modifications made under this section if you continue to use the GIG-Space Contractor Website/App after the modifications have come into effect.

 

16.3  Supplemental Terms

You may be asked to agree to supplemental terms to this Agreement, such as addendums or terms related to certain features and functionality, which may be modified by GIG-Space and Gig-Space.com Pty Ltd from time to time in accordance with section 16.2 (Supplemental Terms). Supplemental Terms are in addition to, and form a part of, this Agreement in accordance with section 1.

 

16.4  Governing law

This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) will not Apply.

 

16.5 Dispute Resolution

There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or in connection with or relating to the GIG-Space Services or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”). GIG-Space or its Affiliate operates a complaints process for resolving Disputes that allows you to make complaints about GIG-Space or Third Party Providers. GIG-Space or its Affiliate will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to relevant government bodies or small claims courts or tribunals.

 

16.6  Assignment

(a) Gig-Space.com Pty Ltd and GIG-Space each have the right to assign or transfer this Agreement or any or all of their respective rights or obligations under this Agreement, in whole or in part, without obtaining your prior consent. You may not assign or transfer this Agreement, as the Agreement needs to remain with you. However, you have the right to terminate this Agreement at any time without notice in accordance with section 15.1.

(b) Gig-Space.com Pty Ltd and GIG-Space may each subcontract any of their obligations under this Agreement to an GIG-Space Affiliate.

(c) Without limiting section 16.6(a), this Agreement binds, and will continue to benefit, each party to this Agreement and that party's respective successors and assignees.

 

16.7  General provisions

(a)  The exercise of a right partially or on one occasion does not prevent any further exercise of that right in accordance with the terms of this Agreement. Neither a failure to exercise a right nor a delay in the exercise of a right operates as an election between rights or a variation of the terms of this Agreement.

(b) If a court of competent jurisdiction determines that a provision of this Agreement is invalid or unenforceable, the remainder of this Agreement (and to the extent practicable, the relevant provision) will remain in full force and effect.

(c) This Agreement contains the full and complete understanding and agreement between the parties relating to the subject matter of this Agreement, and this Agreement supersedes all prior and contemporary understandings and agreements, whether oral or written, relating to the subject matter of this Agreement. Nothing in this section is intended to exclude liability for fraud or fraudulent misrepresentation or any other representation which cannot be excluded by Law.

Schedule A – Platform Code of Conduct and Equal Opportunity Statement

All users of the GIG-Space Platform agree to:

1.        Treat others with respect and professionalism.

2.        Make engagement and hiring decisions based solely on job-related criteria.

3.        Avoid any language, media, or behaviour that may be discriminatory, harassing, or offensive.

4.        Comply with GIG-Space’s Community Guidelines, Privacy Policy, and Fair-Hiring framework.

Equal Opportunity Statement

GIG-Space is committed to providing a fair, inclusive, and merit-based platform for all users. We actively promote equal opportunity and prohibit any form of unlawful discrimination or bias in hiring and contracting.

 

17.  DEFINITIONS AND INTERPRETATION

 

17.1  Definitions

 Affiliate means an entity that, directly or indirectly, Controls, is under the Control of, or is under common Control with a party.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Community Guidelines means the policy available at www.GIG-Space.com

Control means having more than 50% of the voting stock or other ownership interest or the majority of the voting rights of such entity, the ability of such entity to ensure that the activities and business of the other entity are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that other entity on any distribution by it of all of its income or the majority of its assets on winding up.

Data Protection Law means all Website/Applicable Laws imposing an obligation in relation to the collection, use, disclosure, storage or transmission of Personal Data, including any codes, principles or guidelines contained in or arising out of such Laws, including the Privacy Act 1988 (Cth).

Contractor Partner means an independent provider of Contracting Services using the GIG-Space Contractor Website/App.

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Job Provider means entity provided employment in the form of a job as specified in their job description.

Law means any law (including subordinate or delegated legislation or statutory instruments of any kind) and also any judgment, order, policy, guideline, official directive or request (even if it does not have the force of law) of any government agency or regulatory body, including a stock exchange, Website/Applicable to any of the parties.

Liability means any claims, damages, losses, fines, Taxes, or expenses and includes any wage or payroll tax, social insurance premiums or employee or workers compensation insurance premiums, superannuation contributions or superannuation guarantee charges that may be imposed as a result of a failure to comply with Tax or other obligations.

Modern Slavery has the meaning given to this term in section 10 of this Agreement.

Personal Data means any information provided to you by Gig-Space, Gig-Space.com Pty Ltd and its Affiliates: (a) relating to an identified or identifiable natural person; (b) that can reasonably be used to identify or authenticate an individual, including name, contact information, precise location information, persistent identifiers; or (c) that may otherwise be considered 'personal data' or 'personal information' under Website/Applicable Law.

Policies means: (a) the Community Guidelines and other standard policies of Gig-Space, Gig-Space.com Pty Ltd and their Affiliates that Website/Apply to the provision of Contracting Services using the GIG-Space Contractor Website/App, as published at https://www.Gig-Space.com/legal/en/#policies-and-guidelines (or a replacement URL); and (b) other Website/Applicable requirements as communicated by GIG-Space or Gig-Space.com Pty Ltd to you from time to time.

Request means any request for Contracting Services you receive from Job Providers via the GIG-Space Contractor Website/App.

Rider means a user (an individual or an entity) who has requested Contracting Services from you via the GIG-Space Platform.

Right to work means an entitlement to work in Australia as a Contractor Partner, and includes any entitlement to work that a person may have by reason of being an Australian citizen or by reason of holding an Australian visa that permits the visa holder to perform work as a Contractor Partner, consistent with any visa conditions.

Service Fee means the fee payable by you to Gig-Space.com Pty Ltd in exchange for the GIG-Space Services provided by Gig-Space.com Pty Ltd, as set out in section 7.6(a) of this Agreement.

Supplemental Terms has the meaning given to this term in section 16.3 of this Agreement.

Tax means all forms of taxes, levies, duties, charges, imposts, contributions, deductions, withholding or liabilities however described, whether Australian or foreign, that are imposed by Law or by a government agency, together with any related interest, penalty, fine, surcharge, cost or other charge.

Territory means the areas where you are permitted under the GIG-Space Contractor Website/App or Website/Applicable Laws to receive Requests.

Contracting Fee means the Contracting fee you can charge a Rider for each completed Trip, as calculated in accordance with section 7.2 of this Agreement.

Contracting Services means on-demand Contracting services.

GIG-Space Data means all data related to the access and use of the GIG-Space Contractor Website/App or obtained in connection with this Agreement, including all data related to Job Providers, all data related to the provision of Contracting Services to Job Providers and the GIG-Space Contractor Website/App, all ratings, feedback or comments provided by you, and the identification and password key assigned to you that enables you to use and access the GIG-Space Contractor Website/App.

GIG-Space Contractor Website/App means the mobile Website/Application licensed to you by GIG-Space that enables you to access and receive Requests.

GIG-Space Platform means the technology services owned by GIG-Space including the GIG-Space Website/App, GIG-Space Contractor Website/App, and Gig-Space.com website.

GIG-Space Services means the procurement and facilitation of lead generation services, being intermediary and related services (such as payment processing services) rendered via the GIG-Space Contractor Website/App to enable you to seek, receive and fulfil Requests.

17.2                 Interpretation of this Agreement

In this Agreement, unless the context otherwise requires: (a) headings and information boxes are for convenience only and do not affect interpretation; (b) reference to any document includes reference to that document as amended, novated, supplemented, or replaced from time to time; and (c) if an example is given of anything, such as by saying it includes something else, the example does not limit the scope of that thing.