Terms and Conditions

1. About the application

Welcome to Yakka Labour (“Application” or “App”). These terms and conditions outline your obligations and responsibilities on the Yakka platform.

The App allows builders (“Builders”) to post details of jobs requiring workers (“Tasks”); workers (“Workers”) to post details about themselves and make proposals to complete Tasks; and Builders to select their preferred Worker to perform the Task.

The Application is operated by Yakka Labour Pty Ltd (ACN 659 343 521) (“Yakka Labour”). Access to and use of the Application or any of its associated products or services (“Services”) is provided by Yakka Labour.

2. Acceptance of agreement

Please read these terms and conditions (“Terms”) carefully. By using, browsing and/or reading the Application, you signify that you have read, understood and agree to be bound by the Terms and our 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. Any changes take immediate effect from the date of their publication.

3. Eligibility

You are not authorised to create an account or access or use the Application unless all of the following are true:

• You are at least 18 years of age.
• You are able to form a binding contract with Yakka Labour.
• You are not barred from using the Application under the laws of Australia or the country in which you reside.
• You have never been convicted of an indictable offence (or crime of similar severity), a sex crime, or any crime involving violence.
• You will comply with this Agreement and all applicable laws, rules and regulations.
• You are not required to register as a sex offender with any registry.

4. Account

In order to access the App, you must first register for an account. As part of registration you may be required to provide personal information such as email address, preferred username, telephone number, password and bank account details.

You warrant that any information you give to Yakka Labour will always be accurate, correct and up to date. Once registered, you will be a “User” and agree to be bound by the Agreement.

At its absolute discretion, Yakka Labour may refuse to allow any person to register, or cancel, suspend or modify any existing account, including if it reasonably forms the view that a User’s conduct is detrimental to the operation of the Application.

5. Your obligations as a User

As a User, you acknowledge and agree that you will not, among other things:

• Share your profile with any other person or permit use of your account by third parties.
• Impersonate another User or use another User’s account.
• Post images of another person without their permission.
• Harass, impersonate, stalk or threaten another User.
• Use the Application for any commercial endeavours except those expressly approved by Yakka Labour.
• Collect email addresses for the purpose of sending unsolicited email (spam), or post advertisements, affiliate links or other solicitations.
• Engage in any automated use of the Application, or use any robot, scraper or similar device.
• Interfere with, disrupt or negatively affect the Application or its servers and networks.
• Post material that infringes anyone’s rights, or that is hateful, threatening, sexually explicit, violent or discriminatory.
• Upload viruses or malicious code, or otherwise compromise the security of the Services.
• Maintain more than one account, or create another account after one has been terminated.

6. Licence and use of User Content

By creating an account, you grant Yakka Labour a worldwide, transferable, sub-licensable, royalty-free right and licence to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute any content you authorise us to access, as well as your User Content, for the limited purpose of operating, developing, providing and improving the Application.

You agree that your User Content may be viewed by other Users and by any person visiting or participating in the Application. You confirm that all information you submit is accurate and truthful and that you have the right to post it.

Yakka Labour may access, store and disclose your account information and User Content if required by law, to enforce the Agreement, to respond to claims or customer service requests, or to protect the rights, property or safety of any person.

7. Copyright and intellectual property

The Application, the Services and all related products of Yakka Labour are subject to copyright and protected under the laws of Australia and international treaties. All rights (including copyright) in the Services and the compilation of the Application are owned or controlled by Yakka Labour or its contributors.

Yakka Labour grants you a worldwide, non-exclusive, royalty-free, revocable licence, while you are a User, to use the Application pursuant to the Agreement, to cache it on your device, and to print pages for your own personal, non-commercial use. All other rights are expressly reserved.

8. Further acknowledgements and obligations

Builders are responsible for ensuring compliance with all relevant laws and regulations in Australia, including minimum wage laws, workers’ compensation, tax laws and occupational health and safety, and for providing a safe working environment for Workers.

To the extent permitted by law, Yakka Labour makes no warranty and disclaims all liability resulting from any engagement between a Worker and a Builder, including the accuracy of information provided, the performance of a Task, the condition of any work site, or a party’s ability or willingness to perform or pay.

Each Builder is solely responsible for conducting appropriate background checks and obtaining references, licences, certifications or proof of insurance before engaging a Worker.

9. Fees and payment

Fees for the use of the App are detailed on the App (“Fees”). Yakka Labour may vary the Fees at any time.

Yakka Labour uses Stripe as its payment provider. The Stripe terms are incorporated into this Agreement and will prevail to the extent of any inconsistency in relation to the payment of Fees.

Where a request for payment is returned, denied or unpaid for any reason, you are liable for any associated costs, including banking fees and charges.

10. Privacy

Yakka Labour takes your privacy seriously. Any information provided through your use of the Application and/or Services is subject to Yakka Labour’s Privacy Policy.

11. General disclaimer

Nothing in the Agreement limits or excludes any guarantees, warranties or conditions implied or imposed by law, including the Australian Consumer Law, which may not be limited or excluded.

Subject to the above, all terms not expressly stated in the Agreement are excluded, and Yakka Labour will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill. Use of the Application and Services is at your own risk and everything is provided “as is” and “as available”.

12. Competitors

If you are in the business of providing services similar to the App or Services, you are not permitted to use or access any information or content on our Application. If you breach this provision, Yakka Labour will hold you responsible for any loss and accountable for any profits made from the breach.

13. Restraint

In consideration for the provision of the App and Services, each Builder undertakes not to directly approach (outside the App) any Worker regarding the performance of any task during the Restraint Period, being the period commencing when the Builder entered into this Agreement and ending three months after its termination. Each Builder acknowledges this restraint is reasonable and necessary to protect Yakka Labour’s business.

14. Limitation of liability

Yakka Labour’s total liability arising out of or in connection with the Services or this Agreement will not exceed the resupply of the Services to you.

You expressly agree that Yakka Labour, its affiliates, employees, agents, contributors and licensors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including loss of profit, goodwill or business reputation, or any other intangible loss.

15. Termination

The Agreement continues to apply until terminated by either you or Yakka Labour. Yakka Labour may terminate the Agreement if you breach (or intend to breach) any provision, if required by law, or if provision of the Services is no longer commercially viable.

Yakka Labour reserves the right to discontinue or cancel your membership at any time and may suspend or deny access without notice. Termination does not affect any contract formed between a Builder and a Worker regarding a Task.

16. Indemnity

You agree to indemnify Yakka Labour, its affiliates, employees, agents, contributors, third-party content providers and licensors against all actions, claims, liabilities, costs, expenses, loss and damage arising out of or in connection with your User Content, your use of the Application, or any breach of the Agreement.

Each Builder and each Worker further indemnifies Yakka Labour against any breach of contract between them in relation to a Task, any failure to create a safe working environment or to perform a Task, and any physical injury or death arising during the performance of a Task.

17. Dispute resolution

Any disputes arising between Users must be resolved by those parties. Yakka Labour has no obligation to assist or involve itself in any dispute between Users, although it may elect to do so at its own exclusive discretion.

18. Governing law and jurisdiction

The Agreement is governed by the laws of New South Wales, Australia. Any dispute arising out of or in relation to the Application shall be resolved exclusively in the courts of New South Wales, Australia.

19. Changes, entire agreement and severance

Yakka Labour reserves the right to change these Terms. Your continued use of the App or Services following any changes constitutes your acceptance of them. These terms constitute the entire agreement between the parties and supersede all prior agreements.

If any part of this Agreement is found to be void or unenforceable, that part shall be severed and the rest shall remain in force.

20. Brand promotion and marketing

By using our services, you grant Yakka Labour a non-exclusive, royalty-free, worldwide licence to use your brand name, logo and associated trademarks for promotional purposes, including on our website, social media, marketing materials and case studies, solely to highlight our services and your partnership with us.

If you wish to opt out at any time, you may notify us in writing at hello@yakkalabour.com.au, and we will cease promotional use of your brand within 30 days of receiving such notice.

Contact us

If you have any questions about these Terms, please contact us at hello@yakkalabour.com.au.