Terms and conditions

About the Application
1. Welcome to Yakka Labour (“Application” or “App”). The terms & conditions (updated August 2023) outline and Your obligations and responsibilities on the Yakka Platform.
2. The App allows:
  1. builders (“Builders”) post details of jobs requiring workers (“Tasks”).
  2. workers (“Workers”) post details about themselves, and make proposals to complete Tasks; and
  3. Builders select their preferred Worker to perform the Task.
3. The Application is operated by Yakka Labour Pty Ltd (ACN 659 343 521) (“Yakka Labour”).
4. Access to and use of the Application or any of its associated products or services (“Services”), is provided by Yakka Labour.
Acceptance of Agreement
1. Please read these terms and conditions (“Terms”) carefully.
2. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by:
  1. the Terms;
  2. our privacy policy located at https://yakkalabour.com.au/privacy-policy/

collectively, “the Agreement”.

If you do not agree with the Agreement, you must cease usage of the Application, or any of its Services, immediately.

Yakka Labour reserves the right to review and change any of the Agreement by updating this page at its sole discretion. When Yakka Labour updates the Agreement, it will use reasonable endeavours to provide you with notice of updates to the Agreement. Any changes to the Agreement take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Agreement for your records.

Acceptance of the Agreement
1. You may use the App and Services only for lawful purposes and in accordance with these Agreement.
2. You are not authorized to create an account or access or use the Application or systems it resides on unless all of the following are true:
  1. you are at least 18 years of age.
  2. you are able to form a binding contract with Yakka Labour; or
  3. you are not barred from using the Application under the laws of Australia or other countries including the country in which you are resident or from which you use the Application.
  4. you have never been convicted of an indictable offence (or crime of similar severity), a sex crime, or any crime involving violence)
  5. you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
  6. you are not required to register as a sex offender with any state, territory, federal or local sex offender registry.
3. You may not use the App or Services:
  1. In any way that breaches any applicable local, national or international law or regulation.
  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  3. For the purpose of harming or attempting to harm minors in any way.
  4. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Account
1. In order to access the App, you must first register for an account through the Application (‘Account’).
2. As part of the registration process, or as part of your continued use of the App, you may be required to provide personal information about yourself (such as identification or contact details), including:
  1. email address;
  2. preferred username;
  3. telephone number;
  4. password; and
  5. bank account.
3. You warrant that any information you give to Yakka Labour in the course of completing the registration process will always be accurate, correct and up to date.
4. Once you have completed the registration process, you will be a registered member of the Application (“User”) and agree to be bound by the Agreement.
5. At its absolute discretion, Yakka Labour may refuse to allow any person to register or create an account with Yakka Labour or cancel or suspend or modify any existing account including if Yakka Labour reasonably forms the view that a User’s conduct (including a breach of this Agreement) is detrimental to the operation of the Application.
Your obligations as a User
1. As a User, you acknowledge and agree with the following:
  1. you will not share your profile with any other person;
  2. you will use the Application only for purposes that are permitted by the Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  3. you have sole responsibility for protecting the confidentiality of your Account, including the details used to access your Account;
  4. you must not permit use your Account by any other person, or third parties. You agree to immediately notify Yakka Labour of any unauthorised use of your Account or any breach of security of which you have become aware;
  5. you must not expressly or impliedly impersonate another User or use the Account of another User at any time;
  6. you must not post any images of another person without their permission;
  7. you must ensure that any content that you broadcast, publish, upload, transmit, post or distribute on the Application (“User Content”) will always be accurate, correct and up to date;
  8. you must not harass, impersonate, stalk, threaten another User;
  9. you must not use the Application in connection with any commercial endeavours except those that are expressly approved by Yakka Labour;
  10. you will not use the Application for any illegal and/or unauthorised purpose which includes (but is not limited to) collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
  11. you will not use the Application to post any commercial advertisements, affiliate links or any other forms of solicitation. Any such post may be removed by Yakka Labour without notice to you;
  12. you must not engage in any automated use of the Application;
  13. you must not use the Application for any purpose that is illegal or prohibited by this Agreement.
  14. you must not use the Application for any harmful or nefarious purpose;
  15. you must not use the Application in a manner which may damage the reputation of the Application or Yakka Labour;
  16. you must not spam, solicit money from or seek to defraud any other Users;
  17. you must not expressly state or imply that any statements you make are endorsed by Yakka Labour;
  18. you must not use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Application or its contents.
  19. you must not use the Application in any way that could interfere with, disrupt or negatively affect the Application or the servers or networks used to deliver the Application;
  20. you must not post any material on the Application that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
  21. upload viruses or other malicious code or otherwise compromise the security of the Services.
  22. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Services.
  23. “frame” or “mirror” any part of the Services without Yakka Labour’s prior written authorisation.
  24. use meta tags or code or other devices containing any reference to Yakka Labour or the Application (or any trademark, trade name, logo or slogan of Yakka Labour) to direct any person to any other website for any purpose.
  25. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services, or cause others to do so.
  26. use or develop any third-party applications that interact with the Services or other Users’ User Content or information without our written consent.
  27. probe, scan or test the vulnerability of the Application or any system or network.
  28. you must not post any material on the Application that includes hate speech, is threatening, sexually explicit or pornographic;
  29. you must not post any material on the Application that incites violence; or contains nudity or violence of any nature;
  30. you must not post any material on the Application that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  31. you must not solicit Account passwords or personal identifying information from other Users or disseminate another person’s personal information without their permission.
  32. you must not maintain more than one Account; and
  33. you must not create another Account if we have already terminated an Account previously held by you.
Licence and Use of User Content
1. By creating an account with Yakka Labour, you grant Yakka Labour a worldwide, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute any information that you authorize us to access from third-party sources such as Twitter, Google, and Facebook, as well as any your User Content.
2. Yakka Labour’s license to your User Content is non-exclusive, with the exception that the license is exclusive for derivative works created through the use of the Application. For example, Yakka Labour would have an exclusive license to screenshots of the Application that include your User Content taken by other members or third parties. Additionally, in order to prevent the use of your User Content outside of the Application, you authorise Yakka Labour to act on your behalf in relation to infringing uses of your User Content taken from the Application by other Users or third parties. This includes the authority but not the obligation to send notices in accordance with the Copyright Act 1968. Our license to your User Content is subject to your rights under applicable laws (such as laws related to personal data protection if the Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Application and researching and developing new ones.
3. You agree that any of your User Content you place, or authorise us to place, on the Application may be viewed by other Users and by any person visiting or participating in the Application (such as individuals who may receive shared User Content from other Users).
4. You agree that all information that you submit upon creation of your Account, is accurate and truthful and you have the right to post your User Content on the Application and grant the license to Yakka Labour as described above. You understand and agree that we may monitor or review any User Content you post as part of a Services. We may delete any User Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of either the Application or Yakka Labour.
5. Please be informed that Yakka Labour may access, store and disclose your Account information and User Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to:
  1. comply with legal process;
  2. enforce the Agreement;
  3. respond to claims that any User Content violates the rights of third parties;
  4. respond to your requests for customer service; or
  5. protect the rights, property or personal safety of Yakka Labour or any other person.
Copyright and Intellectual Property
1. The Application, the Services and all of the related products of Yakka Labour are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Yakka Labour or its contributors.
2. All trademarks, service marks and trade names are owned, registered and/or licensed by Yakka Labour, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
  1. use the Application pursuant to the Agreement;
  2. copy and store the Application and the material contained in the Application in your device’s cache memory; and
  3. print pages from the Application for your own personal and non-commercial use Yakka Labour does not grant you any other rights whatsoever in relation to the Application or the Services.

All other rights are expressly reserved by Yakka Labour.

Yakka Labour retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer to you any:
1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  1. right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  1. right to use a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
You may not, without the prior written permission of Yakka Labour and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Agreement This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
The App and Services, and all content and materials included on the App and Services, are the property of Yakka Labour or its licensors and are protected by copyright, trademark, and other laws. You may not use any content or materials on the App or Services for any commercial purpose without Yakka Labour’s express written consent.

Further acknowledgements and obligations
1. Builders using the App and our Services are responsible for ensuring compliance with all relevant laws and regulations in Australia, including but not limited to minimum wage laws, workers’ compensation, tax laws and occupational health and safety. Builders must also provide a safe working environment for Workers and ensure that the Task requirements and expectations are clearly outlined.
2. To the extent permitted by law, Yakka Labour makes no warranty and disclaims all liability resulting from or in connection with any engagement between a Worker and Builder, including but not limited to:
  1. the accuracy of any information provided by either a Builder or Worker;
  2. the description of the Task by the Builder;
  3. the performance of a Task by the Worker;
  4. the condition of any work site where the Worker is required to perform a Task;
  5. the ability of a Worker to perform a particular Task;
  6. the qualifications, licences or permits a Worker claims to have; or
  7. the capacity or willingness of a Builder to pay a Worker for any Task performed by that Worker.
3. Each Builder understands and agrees that they are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, or proof of insurance prior to engaging a Worker to perform any work.
Fees and Payment
1. Fees for the use of the App are detailed on the App (“Fees”). You agree and acknowledge that Yakka Labour can vary the Fees at any time.
2. Yakka Labour uses Stripe as its payment provider (“Payment Provider”).
3. In so far as it is relevant to the provision of the App and Services, the terms at https://stripe.com/ssa/ are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the payment of Fees.
4. If Yakka Labour changes its Payment Provider you may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
5. Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of credit card.
6. All payments made in the course of your use of the Services are made using the Payment Provider.
7. You acknowledge and agree that where a request for the payment of the Fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Fees.
Privacy
1. Yakka Labour takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Yakka Labour’s Privacy Policy, which is available at https://yakkalabour.com.au/privacy-policy/
General Disclaimer
1. Nothing in the Agreement limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded (b) Subject to this clause, and to the extent permitted by law:
  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Agreement are excluded; and
  2. Yakka Labour will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Agreement (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
2. Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Yakka Labour make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Yakka Labour) referred to on the Application This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  2. the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
  3. costs incurred as a result of you using the Application, the Services or any of the products of Yakka Labour; and
  4. the Services or operation in respect to links which are provided for your convenience.
Competitors
1. If you are in the business of providing services which are similar to the App or Services, whether business users or domestic users, then you are not permitted to use or access any information or content on our Application.
2. If you breach this provision, Yakka Labour will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
RESTRAINT
1. In consideration for the provision of the App and Services by Yakka Labour, each Builder undertakes to Yakka Labour that each Builder represents and warrants to Yakka Labour that they will not seek to directly approach (i.e.. that is, approach outside the App) any Worker regarding the performance of any task.
2. For the purposes of this clause, the term “Restraint Period” will be taken to mean the period:
  1. commencing when the applicable Builder entered into this Agreement; and
  2. ending on the day that is 3 months after termination of that Agreement,
3. Each Builder acknowledges that the restraint set out in this clause is reasonable in the circumstances and necessary to protect the business operated by Yakka Labour.
Limitation of liability
1. Yakka Labour’s total liability arising out of or in connection with the Services or these Agreement, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
2. You expressly understand and agree that Yakka Labour, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
1. The Agreement will continue to apply until terminated by either you or by Yakka Labour as set out below.
2. Yakka Labour may at any time, terminate the Agreement with you if:
  1. you have breached any provision of the Agreement or intend to breach any provision;
  2. Yakka Labour is required to do so by law;
  3. the provision of the Services to you by Yakka Labour is, in the opinion of Yakka Labour, no longer commercially viable.
3. Subject to local applicable laws, Yakka Labour reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Agreement or any applicable law or if your conduct impacts Yakka Labour’s name or reputation or violates the rights of those of another party.
4. If Your account or this Agreement are terminated for any reason then You may not without Yakka Labour’s consent (in its absolute discretion) create any further accounts with Yakka Labour and we may terminate any other accounts You operate.
5. Termination of this Agreement does not affect any contract that may have formed between Builder and Worker regarding a Task.
Indemnity
1. You agree to indemnify Yakka Labour, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your User Content;
  2. any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
  3. any breach of the Agreement.
2. Each Builder indemnifies Yakka Labour, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  1. any breach of contract that arises between the Builder and Worker in relation to a Task (including but not limited to any failure to pay the agreed fee);
  2. any failure to create a safe working environment for the Worker; and
  3. any physical injury or death of a Worker during the performance of a Task.
3. Each Worker indemnifies Yakka Labour, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  1. any breach of contract that arises between the Builder and Worker in relation to a Task (including but not limited to any failure to perform the Task);
  2. any failure by the Worker to perform a Task;
  3. any physical injury or death caused or contributed to by the Worker during the performance of a Task.
Disclaimer of Warranties
1. The App and Services are provided on an “as is” and “as available” basis. Yakka Labour makes no representations or warranties of any kind, express or implied, as to the operation of the App or Services or the information, content, materials, or products included on the App or Services. Yakka Labour does not warrant that the App or Services will be uninterrupted or error-free, and Yakka Labour will not be liable for any interruptions or errors.
Dispute Resolution
1. Any disputes arising between Users must be by those parties.
2. Yakka Labour has no obligation to assist or involve itself in any dispute between Users, although may elect to do so at its own exclusive discretion.
Governing Law and Jurisdiction
1. The Agreement are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
2. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
Independent Legal Advice
1. Each User confirms and declares that the provisions of the Agreement are fair and reasonable and has taken the opportunity to obtain independent legal advice on its terms and provisions.
Changes to the App and Services
1. Yakka Labour reserves the right, at its sole discretion, to modify or replace any part of these Agreement. It is your responsibility to check these Agreement periodically for changes.
Entire Agreement
1. These terms and conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether oral or written, relating to the subject matter hereof.
Amendments
1. Yakka Labour reserves the right to change these Terms.
2. Your continued use of the App or Services following any such changes will constitute your acceptance of such changes.
Severance
1. If any part of this Agreement is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Agreement shall remain in force.

Terms and conditions

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