Terms-of-Use

Last Revision Date: 10 February 2023, Effective Date: 13 February 2023

MyPass^® Terms of use

Definitions and interpretation
1. The following definitions apply:
  1. Associates has the meaning given to that term in the Australia Corporations Act 2001.
  2. Worker means a person who registers for the Service as a worker and who wishes to be engaged by an Employer, or any person that an Employer registers for the Service as a worker or otherwise nominates to us as being a worker of that Employer, and who has accepted the Worker Terms of Use. Workers may also be referred to within the Service as Personnel.
  3. Employer means a person or organisation who employs or engages workers, and who has accepted the Employer Terms of Use.
  4. End User means an asset owner, facility, operator, organisation or site who engages an Employer to supply Workers and has accepted the End User Terms of Use.
  5. Business Partner means either an Employer, End User or Institution who has accepted the General Terms of Use and the applicable Specific Terms of Use.
  6. Compliance Documents means documents or images provided by a Worker or third party (including any Employer of the Worker) which are uploaded as part of the Service including (but not limited to) trade and other qualifications, tickets, licences, certificates, medical test results, inductions and proof of work rights (passports/visas).
  7. Confidential Information of a party is information of a party or its employers which the party identifies as confidential or which would reasonably be regarded as confidential and includes without limitation information relating to the party’s Intellectual Property Rights, organisational structure, financial position, personnel, policies and business strategies.
  8. Force Majeure means any event caused by occurrences beyond a party’s reasonable control, including acts of God, fire or flood, war, terrorism, governmental regulations, policies or actions enacted or taken subsequent to execution of these General Terms of Use, or any labour, telecommunications or other utility shortage, outage or curtailment.
  9. GST means the tax imposed or assessed by the Australian GST Act and its related legislation and includes any similar or substitute impost introduced in the future
  10. GST Act means the Australian ‘A New Tax System’ (Goods and Services Tax) Act 1999.
  11. Indemnified Parties has the meaning given to it in the ‘Indemnity’ clause of the General Terms of Use.
  12. Institution means a training organisation, licencing authority, ministry, immigration department, medical facility, industry association or educational facility who issues Compliance Documents and has accepted the Institution Terms of Use.
  13. Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, trademarks, know-how, goodwill, right in get-up, media, Confidential Information, patents, inventions and discoveries and all other similar or equivalent rights (including moral rights) or forms of protection which subsist or will subsist, now or in the future, in any media now known or hereinafter invented, in any part of the world and resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
  14. Work Passport refers to the professional profile of a Worker which includes contact information, date of birth, origin (e.g. Aboriginal or Torres Strait Islander), proof of work rights, profile picture, job classification(s), Compliance Documents, inductions, verification of competency, employment history, referees, emergency contact, medical test results, licences, accreditations, qualifications, unique student identifier (USI), education history, unique employee number, unique system numbers and skills.
  15. Personal Information means information or an opinion about an identified individual or an individual who is reasonably identifiable.
  16. Personnel refers to people who have registered for the Service as a Worker and who wish to be engaged by an Employer, or any people that an Employer registers for the Service as a worker or otherwise nominates to us as being a worker of that Employer, and who has accepted the Worker Terms of Use. Personnel may also be referred to within the Service as Workers.
  17. Sensitive Information means information or an opinion about an individual’s racial or ethnic origin, political opinions or associations, religious or philosophical beliefs, trade union membership or associations, sexual orientation or practices, criminal record, health or genetic information, and some aspects of biometric information.
  18. Related Bodies Corporate means an affiliate, which includes parent, sister, and subsidiary companies.
  19. Resource Pool means a group of Workers or Personnel who have accepted an invitation from a Business Partner for the purposes of connecting, communicating and synchronising records including giving permission to view their MyPass calendar, view and download their Compliance Documents. Another term used for Resource Pool within the Service is a ‘Worker Pool’.
  20. Service means the MyPass service which is the service provided by us that includes allowing you access to a platform via the Website, and as may be further defined in an applicable Specific Terms of Use.
  21. Service Fee means the fees due and payable as set forth in the Terms of Use and/or as posted on the Service.
  22. Specific Terms of Use means collectively the Employer Terms of Use, End User Terms of Use, Worker Terms of Use, and Institution Terms of Use.
  23. Terms of Use means the agreement between you and us for your access and use of the Service, which comprises the General Terms of Use (as published on the Website), your registration details, and any applicable Specific Terms of Use.
  24. We and us means MyPass Australia Pty Ltd (ABN: 72 620 029 147), MyPass LLC, its Associates, and its Related Bodies Corporate.
  25. Website means the MyPass website whose home page is currently accessible via URL www.mypassglobal.com and includes all
    related web pages, sub-pages and URLs such as www.mypass.com.au and www.shutdownsaustralia.com.
  26. You generally means the user of the Service (including the user’s Employer, End User, or Institution, if applicable) and the Services and as more specifically defined in the Specific Terms of Use.
  27. Data Governance means an organization considers the who – what – how – when – where and why of data to not only ensure security and compliance, but to extract value from all the information collected and stored across the business – improving business performance.
  28. Information Security the state of being protected against the unauthorized use of information, especially electronic data, or the measures taken to achieve this.
  29. ISO 27001 is the leading international standard focused on information security, published by the International Organization for Standardization (ISO), in partnership with the International Electrotechnical Commission (IEC). Both are leading international organizations that develop international standards. The basic goal of ISO 27001 is to protect confidentiality, Integrity, and availability.
  30. In the interpretation of the Terms of Use, the following provisions apply unless the context otherwise
    requires:
    1. the singular includes the plural and vice versa;
    2. a reference to any legislation includes any statutory modification or re-enactment of, and any subordinate
      legislation issued under, that legislation or legislative provision;
    3. a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
    4. a reference to any gender includes all genders;
    5. a reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule, annexure or exhibit of or to the Terms of Use;
    6. a reference to any party to the Terms of Use or any other document or arrangement includes that party’s executors, administrators, substitutes, successors, and permitted assigns;
    7. a reference to dollars or $ means the lawful currency of Australia;
    8. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding
      meaning; and headings are for ease of reference only and do not affect interpretation;
    9. a rule of construction does not apply to the disadvantage of a party because the party was
      responsible for the preparation of the Terms of Use, or any part of it; and unless expressly stated to be otherwise, the meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar inclusive expressions.
Acceptance of the Terms of Use
1. We provide the Service subject to the Terms of Use. Before you browse or use the Service, it is important that you read, understand, and agree to the Terms of Use.
2. In using the Service, clicking a box to agree to the Terms of Use, or registering to use the Service, you agree to be bound by the most current version of the Terms of Use published on the Website. If you do not accept the Terms of Use, you must refrain from using the Service.
3. You may not accept the Terms of Use if you are not of legal age or capacity to form a binding contract with us.
4. You should print or save a local copy of the Terms of Use for your records.
5. WHEN YOU ACCEPT THE TERMS OF USE ON BEHALF OF AN EMPLOYER, END USER, OR INSTITUTION, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORISED TO DO SO BY SUCH ENTITY BY WHICH YOU ARE EMPLOYED OR RETAINED AND FOR WHOSE BENEFIT YOU ARE USING THE SERVICE. REFERENCES HEREIN TO “YOU” AND “YOUR” SHALL MEAN “YOU AND/OR YOUR EMPLOYER, END USER AND YOUR INSTITUTION.”
6. If you are a Worker, you agree to the terms in the Worker Terms of Use available below.
7. If you are an Employer, you agree to the terms in the Employer Terms of Use available below.
8. If you are an Institution, you agree to the terms in the Institution Terms of Use available below.
9. If you are an End User, you agree to the terms in the End User Terms of Use available below.
Variations
1. We reserve the right to amend the Terms of Use from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website will represent an agreement by you to be bound by the Terms of Use as amended.
Registration
1. In order for us to provide certain functions of the Service to you or to access certain content available on the Service (“Content”), you must complete your registration details as described on the Service and agree to the applicable Specific Terms of Use.
2. At the time of registration, you must nominate a username and password.
3. You agree to:
  1. keep your username and password confidential and not disclose it to any other person;
  2. ensure that your registration details are true and correct at all times and must notify us of any change to your registration details as originally supplied; and
  3. immediately notify us of any unauthorised use of your account or of password or any other breach
    of security.
Access
1. You must ensure that your access to the Service is not illegal or prohibited by laws that apply to you.
2. Access to the Service may be terminated by us at any time in our sole discretion without notice to you.
3. Your account and credentials cannot be shared or used by more than one individual, and you will not permit anyone to use the Service who is not authorised.
4. You will ensure that your Service account credentials are protected and will not be disclosed to unauthorised persons for any reason.
5. You are solely responsible for selecting and providing access to authorised users under your account and for any use of the Service by your account (even by unauthorised users).
6. You will select, supervise, monitor, and train the authorised users who use the Service to ensure the proper use of the Service, compliance with the Terms of Use, and the security of the information maintained in the Service. You acknowledge and agree that we are not responsible for the selection, supervision, monitoring, or training of your authorised users. You are responsible for terminating access to the Service for individuals who are no longer authorised to use the Service in connection with your account.
Right to use the Service
1. The Service is licenced, not sold, to you. Subject to your continued compliance with the terms and conditions of the Terms of Use, we grant you a limited non-exclusive, non-transferable, non-sublicenceable, revocable right to access and use the Service (including Content) solely in accordance with the terms set out in the Terms of Use during the Term for your lawful internal, non-commercial business purposes (and not for redistribution) and for no other purpose.
Privacy
1. We treat Personal Information and Sensitive Information submitted to us by you or a Business Partner in accordance with our Privacy Policy. The Privacy Policy is also available using the link at the bottom of this web page.
2. Your use of the Service is subject to you having read, understood and agreed to our Privacy Policy.
Your general obligations
1. You may only use the Service in accordance with the Terms of Use, any directions given by us (acting reasonably), and with all local and foreign laws and regulations applicable to you, and for lawful purposes.
2. You must not, nor cause or permit any other person to:
  1. use the Service in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s rights (including Intellectual Property Rights), violates the Terms of Use, or which restricts or interferes with the provision of the Service by us to any other user;
  2. alter, modify, adapt or copy the whole or any part of the Service;
  3. reproduce, duplicate, sell, exploit, decompile, dissemble, reverse engineer, enhance, alter or otherwise interfere with the whole or any part of the Service;
  4. remove or obscure any copyright, trademark or other proprietary notice on the Service;
  5. enter into any transaction relating to access or use of the Service with a party other than us, without our prior written consent;
  6. attempt to disable or circumvent any security or other technological measure designed to protect the Service or users;
  7. attempt to gain unauthorised access to the Service, computer systems or networks connected to the Service, through hacking, password mining or any other means; or
  8. use the Service for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature or use any mechanism, device, software or script to affect the proper functioning of the Service.
3. At all times you must:
  1. be honest and faithful in all your dealings;
  2. not engage in any unsound, unethical or improper business;
  3. provide full and correct information to us, and provide truthful explanations to us, in all matters relating to the Terms of Use;
  4. ensure at all times that your conduct does not bring any discredit on us or cause any nuisance or disruption to us or our employers;
  5. immediately notify us if you become aware of any malfunction of the Service or any breach of the Terms of Use.
Restricted use
1. You are authorised to reproduce any Content available on or accessible from the Service for personal,
  non-commercial use only. In this clause “non-commercial use” means you are not allowed to publish or sell any part of the Content or grant others access to the Content.
2. You must not, without our prior written approval, on-sell Content obtained from the Service.
3. You agree to use the Content for lawful purposes only.
4. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Service including code and software. You must not use the Service for any purpose that is unlawful or prohibited by the Terms of Use.
5. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Service for establishing, maintaining, advancing or reproducing information contained on the Service on your own website or in any other publication, except with our prior written consent.
Involvement among users
1. You acknowledge and agree that with respect to all interactions among users of the Service:
  1. we do not have any involvement in the contractual engagement process between you and any other users;
  2. you are responsible for carrying out your own due diligence about other users, and forming your own judgment about such other users;
  3. we are not responsible for the terms of any agreement between you and other users;
  4. no user (or its personnel) is our employee or agent and we assume no responsibility for any act or omission of that user or any of its personnel;
  5. we are not responsible for resolving any dispute between you and other users; and
  6. you are responsible for all activities that occur under your account on the Service, and you are liable for the acts, defaults, and omissions of any person who accesses your account on the Service, as if they were acts, defaults, or omissions by you.
Content
1. All Content is provided by us or by others in good faith. You accept that the Content provided by us is general information and is not in the nature of advice. We have derived the Content from sources, which we believe to be accurate and up to date as at the date of publication.
2. We are under no obligation to monitor, edit, or control Content that you or other users post to the Service, and will not be in any way responsible or liable for such Content or failure to review or act upon such Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any Content posted by you or others that in our sole judgment violates the Terms of Use or is otherwise objectionable. We make no representation about the accuracy, completeness or usefulness of the Content or its fitness for any particular purposes, nor do we undertake to keep the Service or the Content up to date. This applies to Content provided by us and to Content provided by others.
3. Where the Content provided by others contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.
4. You must evaluate, and bear all risks associated with the use of Content, whether provided by us or by others, including your reliance on the accuracy, completeness, or usefulness of it. By using the Service you agree that we (our related corporations and the officers, employees and agents of each) are not responsible for:
  1. the accuracy or otherwise of the Content displayed or omitted from the Service;
  2. any person’s reliance on Content available or omitted from the Service;
  3. any loss in connection with the use of the Service.
5. You should make your own enquiries and seek independent advice from relevant industry professionals before acting or relying on any Content, whether provided by us or by others.
Information disclaimer
1. We are a mere conduit in the relationship between you and other users, any information we make available to you (including any user-submitted Content or information) is provided by third parties and does not originate from us.
2. We do not independently verify the information provided by third parties, including information provided by user, except for Compliance Documents. We merely pass on information to you, including any details about the users.
3. We verify Compliance Documents provided by Workers and third parties to the accepted industry standard. While we endeavour to identify any potential misinformation or omissions, we make no representation or warranty as to the accuracy of this verification.
4. We make no representation or warranty regarding the accuracy, truthfulness, usefulness, reliability or integrity of any information that has not expressly originated from us.
5. You must evaluate, and bear all risks associated with the use of information provided, including your reliance on the accuracy, completeness, or usefulness of it.
Service availability
1. We will use reasonable efforts to make the Service accessible 24 hours a day, seven days a week or as otherwise stated on the Service from time to time, but we do not guarantee such availability.
2. We may from time to time alter, interrupt, or suspend your right to access the whole or any part of the Service.
3. You agree that we will not be liable for any damages that may arise from any such interruption, suspension, or alteration pursuant to this clause.
Advertisements
1. Responsibility for the Content of advertisements appearing on the Service (including hyperlinks to advertiser’s own websites) rests solely with the advertisers. The placement of advertisements on the Service does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Copyright
1. Copyright in the Content and the Service (including text, graphics, logos, icons, sound recordings and software) is owned or licenced by us.
  1. Other than for the purposes of, and subject to the conditions prescribed under applicable copyright laws which apply in your location, and except as expressly authorised by the Terms of Use, you may not in any form or by any means without our prior written approval:
    1. adapt, reproduce, distribute, print, display, perform, publish or create derivative works from any part of the Service; or
    2. commercialise any Content, goods or services obtained from any part of the Service.
Trade marks
1. f any of our trade marks are displayed on the Service, they may not be used without our prior written approval.
2. The Service may also display other names and logos that are trade marks of other third parties. You must not use those trade marks without our prior written approval or the prior written approval of the relevant third party owner.
3. By using the Service, you give us permission to list your organisation as a MyPass Business Partner, and also give permission for us to list your organisation’s logo on our website, or any marketing presentations / collateral.
Intellectual Property Rights
1. Except where expressly stated otherwise, all ideas, concepts, know-how, data processing, data compilations, databases, source code, object code, software, documentation, trademarks, trade secrets, copyrights, inventions subsisting in the Service, our Confidential Information, and any information and materials related to the foregoing, and all associated Intellectual Property Rights (“Our Property”), are and will remain the sole property of ours or our licensors, and no rights, title, or interest are granted to you or any third party under this Agreement with respect to Our Property therein other than as expressly set forth in the Terms of Use.
2. Other than as expressly permitted in the Terms of Use, nothing in the Terms of Use shall be construed to transfer any right, title, or interest to you of Our Property. You disclaim all rights to Our Property, other than those rights granted in the Terms of Use, and will assert no claim (copyright, patent, or otherwise) to their use, development, and/or production. You may not access, use, resell,
  sell, licence, sub-licence, distribute, make available, rent, or lease the Our Property or any Intellectual Property Rights therein for any purpose, except as expressly authorised by the Terms of Use.
3. You agree to notify us promptly of any infringement, or suspected or threatened infringement, of the Intellectual Property Rights in the Service.
Confidentiality
1. Each party must not without the written consent of the other:
  1. use any Confidential Information of the other party, except in performing its obligations under the Terms of Use; or
  2. disclose any Confidential Information of the other party to any person except to those who need to know in order to provide the Service and who agree to be bound by similar obligations of confidentiality.
2. This clause does not apply where:
  1. disclosure is required by law;
  2. the Confidential Information is in the public domain through no fault or action of the recipient, its employees or subcontractors; and
  3. the Confidential Information was received by the recipient on a non-confidential basis from a third party who is not prohibited from disclosing it.
3. These obligations of confidentiality survive termination of the Terms of Use.
Communication with us and others
1. The Service contains communication facilities which may allow you to post course or job advertisements, post job details, write an End User profile, create your Work Passport, write a company profile, and which allow you to communicate with us or a Business Partner through online enquiry and feedback forms, in-app messaging, online chat plus customer support and may contain other electronic messaging and notice services (“Communication Facilities”).
2. You acknowledge that Communications Facilities may be public and not private communications. Further, you acknowledge that Communication Facilities should not be considered reviewed, screened, or approved by us.
3. When using the Communication Facilities or the Service, you must not, and you must not authorise, aid, abet encourage or incite any other person, to post or transmit any information, image, text or other material of any kind whatsoever:
  1. that is not original material in which you own copyright or Intellectual Property Rights, unless you are authorised by the copyright or Intellectual Property Rights owner to post or transmit that material on the Service;
  2. that violates or infringes upon the rights of any other person (including Intellectual Property Rights);
  3. that contains Personal Information of any other person, such as phone numbers, mail or email addresses;
  4. that is unlawful, threatening, abusive, defamatory, obscene, vulgar, profane or indecent or that is sexual or pornographic in nature;
  5. that vilifies, insults or humiliates any person on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  6. that contains a virus or other harmful component;
  7. that advertises or promotes any goods or services, websites, competitions or schemes or otherwise for commercial purposes; or
  8. that is knowingly incorrect, misleading or deceptive.
4. In addition, you must not excessively use the Communications Facilities in a manner which may hinder or prevent us from providing services to any other persons or which may threaten the integrity or use by any person of the Service.
5. You acknowledge that Communication Facilities should not be considered reviewed, screened, or approved by us.
6. Responsibility for the Content of material posted on the Service rests solely with the person who posts it. Where that Content contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.
Payment and Fees
1. When you purchase access to the Service from us, the parties will mutually agree to invoicing and payment terms in addition to the provisions stated in the Terms of Use (including clause 21)
2. When you agree to pay a Service Fee, the Service Fee agreed between you and us will comprise of one or more of the following:
  1. Software as a Service (SAAS) fee
  2. Implementation and training support
  3. Initial and ongoing support services
  4. Initial and ongoing Verification services;
  5. Migration of data and/or integration services
  6. Third-party procured services e.g. eLearning, police checks
  7. A fee per project for items not listed in bi) to vi)
3. By using our Services, you agree to pay subscription fees based on available pricing plans. You agree that:
  1. exceeding your current plan’s worker limit (tier) will charge your card automatically and increase your subscription to the higher tier.
  2. merchant fees will apply in addition to the available pricing plans on credit and debit card payments, as well as on online payment services such as PayPal.
  3. your subscription will automatically renew at the end of the subscription period and your card will be charged unless you have cancelled your subscription.
  4. cancelling your subscription will prevent future payments. Access to the MyPass system will continue for the remainder of the existing billing period. Access to additional Tiers will be restricted until an active subscription is in place.
  5. worker limit includes all and any Workers in your Resource Pools, regardless of the system activity of a given Worker.
  6. no refund will be given on cancellation or reduction in usage of the existing subscription.
  7. we reserve the right to update, amend, add, remove or replace available pricing plans, terminology, and functionality in the MyPass system.
  8. When your subscription tier exceeds 500 active personnel, you agree to pay a compliance document Verification service fee of $AUD5.50 (+GST) per document.
  9. If you fail to pay us any amount payable under the Terms of Use when due, then:
    1. all money you owe us becomes immediately payable;
    2. we may suspend providing the Service to you, and may charge a reactivation fee for the suspended Service;
    3. you must pay, in addition to the amount outstanding, interest at the rate equal to the cash rate target published by the Reserve Bank of Australia, plus a margin of 5% per annum or the highest amount permitted by applicable law on the amount outstanding for each day during which the default continues; and
    4. you must pay all reasonable expenses incurred by us in enforcing the Terms of Use, including, but not limited to, all expenses of any legal proceeding and all reasonable attorneys’ fees incurred in connection with such action.
  10. On 1 July of each year, after the anniversary of the commencement date, MyPass reserves the right to increase the fees by the yearly percentage increase in line with Australia Consumer Price Index (CPI). The increase shall be communicated in writing in June, effective 1 July. The new fees are equal to the prior year’s fee multiplied by the CPI over the prior twelve months (ending with the June quarter).
Tax
1. Unless otherwise provided in the Terms of Use or in a separate agreement executed by you and us, the Service Fee and other fees we charge do not include any taxes or duties (including, without limitation, sales, use, value-added, and withholding taxes and duties) and related fees, and you are responsible for paying all taxes, duties, and related fees arising from your purchases hereunder, excluding taxes based on our net income, employees, or property. If we have the legal obligation to pay or collect taxes, duties, or related fees for which you are responsible, the appropriate amount of such taxes, duties, and related fees shall be invoiced to and paid by you, unless you provide a valid tax exemption certificate authorised by the appropriate taxing authority.
2. If you are in Australia, all consideration provided for any taxable goods or services supplied under the Terms of Use is exclusive of GST unless the contrary is expressly stated by us in writing. You will be responsible for paying any and all GST. The amount of that consideration must be increased by an additional amount equal to the GST on that taxable supply. The party who has to pay the additional amount must pay it at the same time as the consideration in respect of that taxable supply that becomes
  due.
3. If at any time an adjustment is made or required to be made between a party and the relevant taxing authority on account of any amount paid as GST under the Terms of Use:
  1. a corresponding adjustment must be made;
  2. adjustment notes must be issued; and
  3. any payment must be made, between you and us as may be necessary to give effect to the adjustment.
Term
1. Your agreement with us commences on the date you successfully register on the Service as a Worker, Employer, Institution, or End User and remains in force until terminated by either party in accordance with clause 23 (“Term”).
Suspension and termination
1. We reserve the right to immediately suspend or terminate our provision of the Service to you, or access to the Service at any time in our sole discretion if:
  1. you breach the Terms of Use; or
  2. we determine that you have breached the Terms of Use or any relevant law, or you have engaged in any conduct that we reasonably consider is inappropriate or unacceptable.
2. In addition, and without prejudice to any other rights or remedies, either party may terminate the Terms of Use as follows:
  1. By giving the other party 30 days written notice of termination; or
  2. Immediately upon giving written notice to the other party, if the other party becomes or threatens to become subject to any form of insolvency administration.
Effect of termination
1. Termination does not affect any accrued rights or liabilities of either you or us nor does it affect any provision which is expressly or by implication intended to operate after termination.
2. On termination:
  1. We may immediately stop providing the Service to you; and
  2. You must immediately pay any and all outstanding invoices or any charges or fees incurred as a result of your access and use of the Service before the date of termination.
User licence to us
1. By submitting any information or other material to us (including inputting data or engaging in any other form of communication), you grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
  1. for the purpose of complying with our obligations under, and to permit you to comply with all of your obligations under, the Terms of Use;
  2. use, copy, sublicence, redistribute, edit, adapt, transmit, publish and/or broadcast, publicly perform or display; and
  3. iii. sublicence to any third parties the unrestricted right to exercise any of the rights granted in paragraph (b), provided that, where such use is not for the purpose of complying with the Terms of Use, all personal and Sensitive Information will be removed from the information and materials before such information and/or materials is made available to any other person.
2. The licence in the previous clause includes the right to exploit all proprietary rights in that information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide.
3. You unconditionally and irrevocably consent to all acts and omissions by us, or people authorised by us, which would otherwise amount to an infringement of your moral rights in that information or other material. This includes consent to change the information or other material even if the change amounts to a “derogatory treatment” of the information or other material as that term is defined in Division 4 of Part 9 of the Copyright Act 1968 of the Commonwealth of Australia.
4. At our request and expense, you will execute and deliver to us such instruments and take such other actions as may be required to give full legal effect to this grant of licence and consent.
5. You are solely responsible for retaining/maintaining/storing and backing up (electronically and/or with hard copies) any information or materials that you wish to preserve. We are not responsible for unauthorised access to, use of or alteration of your information.
6. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any information or materials you post to or through the Service. You expressly release us and our agents, partners, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to your posting of information or materials.
Viruses
1. You must make your own precautions to ensure that the process which you use for accessing the Service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
2. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service or any linked website.
Security of information
1. We use SSL (Secure Sockets Layer) as a standard security technology for establishing an encrypted link between our server (server) and your browser. Furthermore, MyPass has an Information Security Management System (ISMS) that has been ISO27001 certified. While we strive to protect information we transmit and receive, we do not warrant and cannot assure the security of any information which you transmit to us.
Linked sites
1. The Service may be linked to other websites over which we have no control. Those links are provided for convenience only and may not remain current or be maintained.
2. We do not sponsor, endorse, adopt, confirm, guarantee or approve the content or representations made on those websites. We make no representations about the accuracy of content contained on those websites. We are not liable for the content on those websites.
3. No links from external websites to the Service are permitted without our prior written approval.
Limitation of liability
1. NOTHING IN THESE TERMS OF USE IS OR SHOULD BE INTERPRETED AS AN ATTEMPT TO MODIFY, LIMIT OR EXCLUDE TERMS, WARRANTIES OR GUARANTEES WHICH ARE IMPOSED BY STATUTE AND WHICH CANNOT BE MODIFIED, LIMITED OR EXCLUDED.
2. WE EXCLUDE TO THE FULLEST EXTENT PERMITTED BY LAW ALL OTHER TERMS, CONDITIONS, WARRANTIES AND GUARANTEES WHICH MIGHT BE IMPLIED INTO THE TERMS OF USE.
3. OUR SOLE LIABILITY FOR BREACH OF ANY TERMS, CONDITIONS AND WARRANTIES IN JURISDICTIONS WHERE SUCH
  TERMS, CONDITIONS AND WARRANTIES ARE IMPLIED AND REQUIRED BY LAW, WHERE THE BREACH RELATES TO THE SUPPLY OF SERVICES THAT ARE NOT OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION, AND WHERE IT IS FAIR AND REASONABLE TO DO SO, IS LIMITED AT OUR OPTION TO ONE OR MORE OF THE FOLLOWING:
  1. THE SUPPLYING OF THE SERVICES AGAIN; OR
  2. THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
4. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE TERMS OF USE, OUR LIABILITY TO YOU FOR A BREACH OF, OR OMISSION UNDER, THESE END-USER TERMS OF USE, AND FOR NEGLIGENCE OR OTHER TORT, AND FOR BREACH OF STATUTORY DUTY, AND FOR BREACH OF WARRANTY DURING EACH CALENDAR MONTH WHILE YOU HAVE ACCESS TO THE SERVICE IS LIMITED IN AGGREGATE TO THE GREATER OF THE
  1. (I) AMOUNT OF THE SERVICE FEES PAID TO US BY YOU UNDER THESE END USER TERMS OF USE IN RESPECT OF THAT CALENDAR MONTH, OR
  2. (II) $100.
5. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE YOU ARE NOT RELYING ON ANY REPRESENTATION, WARRANTY OR OTHER PROVISION MADE BY US OR ON OUR BEHALF WHICH IS NOT EXPRESSLY STATED IN THE TERMS OF USE. IN PARTICULAR, WE MAKE NO WARRANTY OR REPRESENTATION THAT THE SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, SECURE OR OPERATE WITHOUT ERROR; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.
6. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS CLAUSE 29:
  1. WE DO NOT ACCEPT RESPONSIBILITY FOR ANY LOSS OR DAMAGE, HOWEVER, CAUSED (INCLUDING THROUGH NEGLIGENCE), WHICH YOU MAY DIRECTLY OR INDIRECTLY SUFFER IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY LINKED WEBSITE, NOR DO WE ACCEPT ANY RESPONSIBILITY FOR ANY LOSS ARISING OUT OF YOUR USE OF OR RELIANCE ON ANY CONTENT; AND
  2. WITHOUT LIMITING CLAUSE 29(e), WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGE, LOSS, CLAIM, EXPENSE OR LOSS OF PROFITS, ECONOMIC LOSS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS ON OVERHEADS OR ANY LOSS OF DATA WHICH RESULT FROM ANY USE OR ACCESS, OR ANY INABILITY TO USE OR ACCESS, OR MISUSE BY YOU OR ANY OTHER PARTY, OF THE SERVICE OR OTHERWISE IN CONNECTION WITH ANY CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
7. NOTHING IN THE TERMS OF USE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY IN A MANNER THAT IS NOT PERMISSIBLE UNDER APPLICABLE LAW. IN SOME CIRCUMSTANCES, SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN THE APPLICABLE JURISDICTION AS TO YOUR USE OF THE SERVICE WILL APPLY TO SUCH USE. WITH RESPECT TO ANY LIMITATIONS WHICH ARE NOT LAWFUL AS STATED, WE AND OUR THIRD-PARTY PROVIDERS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WE WILL BE LIABLE ONLY FOR ANY CULPABLE BREACH OF MATERIAL CONTRACTUAL OBLIGATIONS (CARDINAL OBLIGATIONS). CARDINAL OBLIGATIONS ARE CONTRACTUAL OBLIGATIONS THAT MUST BE FULFILLED TO PERMIT PROPER EXECUTION OF THIS AGREEMENT AND TERMS OF USE AND MAY REGULARLY BE RELIED UPON BY YOU. IN THE EVENT LIABILITY CANNOT BE FULLY WAIVED UNDER APPLICABLE LAW AND ANY LIABILITY ON THE PART OF US DUE A SLIGHTLY NEGLIGENT BREACH OF CARDINAL OBLIGATIONS OR SLIGHT MISCONDUCT ON THE PART OF SIMPLE VICARIOUS AGENTS, OUR LIABILITY WILL BE LIMITED TO TYPICALLY FORESEEABLE DAMAGES. THIS WILL NOT AFFECT ANY MANDATORY STATUTORY LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR DEATH AND PERSONAL INJURY IN SOME SITUATIONS, SO SUCH LIMITATIONS AND EXCLUSIONS IN CLAUSE 29(f)(ii) MAY NOT APPLY TO YOU.
8. SUBJECT TO THIS CLAUSE 29, THE LIABILITY OF A PARTY FOR LOSS OR DAMAGE SUSTAINED BY THE OTHER PARTY
  WILL BE REDUCED PROPORTIONATELY TO THE EXTENT THAT:
  1. SUCH LOSS OR DAMAGE HAS BEEN CAUSED BY THE OTHER PARTY’S FAILURE TO COMPLY WITH ITS OBLIGATIONS AND RESPONSIBILITIES UNDER THESE TERMS OF USE; OR
  2. THE NEGLIGENCE OF THE OTHER PARTY HAS CONTRIBUTED TO SUCH LOSS OR DAMAGE, REGARDLESS OF WHETHER A CLAIM IS MADE BY THE OTHER PARTY.
9. IF THE LAWS IN YOUR COUNTRY STATE THAT THERE IS A GUARANTEE IN RELATION TO THE SERVICE, AND OUR LIABILITY FOR FAILING TO COMPLY WITH THAT GUARANTEE CANNOT BE EXCLUDED BUT MAY BE LIMITED, OUR LIABILITY FOR SUCH FAILURE IS LIMITED EXCLUSIVELY TO REPAIRING THE SERVICE AND YOU MAY DISCONTINUE USING THE SERVICE.
Warranties
1. Each party represents and warrants to the other that:
  1. it has the power and authority to enter into and perform its obligations under the Terms of Use;
  2. it has taken all necessary steps, including any corporate action necessary if it is a corporation, to authorise its entry into and performance of all of its obligations under the Terms of Use and to carry out the transactions contemplated it.
2. No part of the Service is directed to individuals under the age of 18, you represent and warrant that you are at least 18 years of age.
General disclaimers
1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE THAT THIRD PARTIES WILL NOT UNLAWFULLY ACCESS OUR OR OUR THIRD-PARTY SERVICE PROVIDERS’ INFRASTRUCTURES, PLATFORMS, SERVICE, WEBSITES, AND/OR CONTENT; WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY SUCH UNAUTHORISED THIRD PARTY ACCESS, OR FOR ANY ASSOCIATED UNAVAILABILITY, DISSEMINATION, OR DELETION, DESTRUCTION, DAMAGE, OR OTHER LOSS OF ANY CONTENT.
2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD-PARTY PROVIDERS ARE NOT RESPONSIBLE FOR, SHALL NOT BE LIABLE FOR, AND SHALL HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS, OR ERRORS IN ANY ASPECT OF THE SERVICE, OR TO SUPPORT, MAINTAIN, IMPROVE, MODIFY, UPGRADE, UPDATE, OR
  ENHANCE ANY ASPECT OF THE SERVICE. ALSO, USE, DOWNLOADING, AND INSTALLATION OF ANY ASPECT OF THE SERVICE (INCLUDING ANY POSTING OR USE CONTENT) ARE AT YOUR OWN RISK, AND WE AND OUR THIRD-PARTY PROVIDERS ARE NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO ANY COMPUTING DEVICE IN CONNECTION WITH SUCH USE, OR ANY LOSS OF DATA THAT MAY RESULT, OR FOR ACTIONS TAKEN OR DECISIONS MADE BASED ON SUCH USE.
3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER US NOR OUR THIRD-PARTY PROVIDERS MAKE ANY WARRANTY REGARDING NON-INFRINGEMENT, THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR THAT THE SERVICE IS ERROR-FREE, CURRENT, COMPLETE, WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE CONTINUOUSLY OR AT ANY PARTICULAR TIME, OR ARE COMPATIBLE WITH ANY PARTICULAR DEVICE, SOFTWARE, OR PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
Indemnity
1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY US AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (“INDEMNIFIED PARTIES”) ON A FULL INDEMNITY BASIS FOR ALL LOSS
  AND DAMAGE AND LIABILITIES (WHETHER DIRECT OR INDIRECT), WHETHER MONETARY OR CAPABLE OF BEING CONVERTED INTO MONEY, SUFFERED BY ANY OF THE INDEMNIFIED PARTIES, AS A RESULT OF, OR CAUSED OR CONTRIBUTED TO BY, ANY ACT OR OMISSION BY YOU IN CONNECTION WITH:
  1. YOUR USE OF THE SERVICE, INCLUDING YOUR RELIANCE ON ANY INFORMATION OR MATERIALS OBTAINED THROUGH THE SERVICE;
  2. ANY OTHER USE OF THE SERVICE BY A THIRD PARTY USING YOUR ACCOUNT; OR
  3. YOUR BREACH OF THE TERMS OF USE.
DMCA copyright notifications
1. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our designated agent a written notification of claimed infringement containing the following information:
  1. a physical or electronic signature of the owner of or a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work(s) claimed to have been infringed;
  3. a description of where the material that you claim is infringing is located on the Service (for example, by providing URL(s));
  4. information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
  6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the owner of or are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. We will process your notification in compliance with the applicable provisions of the DMCA. Our designated agent to receive notifications of claimed infringement under the DMCA is:
  MyPass Australia Pty Ltd
  Attn: Copyright Agent
  L32, 152 St. Georges Terrace
  Perth, WA 6000 Australia
  enquiries@mypassglobal.com
Non-Compete
1. You must not either directly or indirectly during the Term and for a period of 12 months after the
  termination or expiry of the Terms of Use:
  1. provide a service of the same or similar nature to the Service; or
  2. solicit, canvas, approach, or accept an approach from, any Worker, Employer, Business Partner, Institution, or End User first introduced to you through the Service with the purpose of entering into an agreement or business relationship other than in accordance with the processes set forth in the Terms of Use.
2. Each of the non-compete obligations imposed by the Terms of Use is a separate and independent obligation from the other non-compete obligations imposed (although they are cumulative in effect).
3. You and us agree that each of the non-compete obligations imposed by the Terms of Use:
  1. is reasonable in its extent (as to all of duration, geographical area and restrained conduct) having regard to the interests of each party to the Terms of Use;
  2. extends no further (in any respect) than is reasonably necessary; and
  3. are reasonable for the protection of our interests.
4. You acknowledge that:
  1. any breach of the non-compete obligations in this clause may not be adequately compensated by an award of damages; and
  2. any breach will entitle us, in addition to any other remedies available at law or in equity, to seek an injunction to restrain the committing of any breach (or continuing breach).
Force Majeure
1. Except for any payment obligations, neither you nor us is liable for any delay or failure to perform any of its obligations under the Terms of Use to the extent that the delay or failure is caused by reason of Force Majeure.
Assignment
1. You must not assign the Terms of Use or otherwise transfer for the benefit of the Terms of Use or a right or remedy under it without our prior written consent.
2. We may novate, assign or transfer part or all of our rights and obligations under the Terms of Use to any third party and you consent to the novation, assignment, or transfer.
Notices
1. Notices must be in writing and given in the English language. Notices may be delivered to a party by hand or by email to that party’s address shown below or to the alternate address notified to the party giving the notice.
2. Our address for delivery of a notice is MyPass Australia Pty Ltd (ABN:72 620 029 147), c/- email: enquiries@mypassglobal.com.
3. Your address for delivery of a notice is the address provided by you during the registration process.
4. A notice will be taken to be duly given and received:
  1. if delivered by hand, when delivered;
  2. if delivered by email, when the recipient party confirms, by non-automated email, receipt of the notice.
Dispute resolution
1. If a dispute arises between you and us, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. If you have a dispute, please contact us at enquiries@mypassglobal.com.
2. No Class Actions. YOU AND WE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, AN ARBITRATOR OR COURT MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
3. No Jury Trial. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
4. Timing of Claims. Notwithstanding any other rights you or we may have under law or equity, any cause of action arising out of or related to the Terms of Use or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, the cause of action is permanently barred.
5. Arbitration Any dispute arising out of or in connection with the Terms of Use, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by binding arbitration under the Australian Centre for International Commercial Arbitration (ACICA) Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.
General information
1. The Terms of Use constitute the entire understanding between you and us and supersede all previous and contemporaneous communications, representations, or agreements with respect to your access and use of the Service. The Terms of Use also supersede any prior agreements between you and us in respect of your use of the Service. You may also be subject to additional terms and conditions that may apply when you use particular services available on or through the Service.
2. The Terms of Use and the relationship between you and us are governed by the laws in force in New South Wales, Australia. You agree to submit to the personal and non-exclusive jurisdiction of the courts in New South Wales, Australia.
3. Headings in the Terms of Use are for convenience only and do not affect interpretation.
4. No failure or delay of either you or us in exercising any right, power, or privilege under the Terms of Use operates as a waiver or any such right, power of privilege.
5. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but the court should try to give effect to the parties’ intentions as reflected in the provision. The other provisions of the Terms of Use are to remain in full force and effect.
6. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and any user simply by the existence or use of the Service. Nothing in the Terms of Use will create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us.
7. Your rights and obligations under the Terms of Use are personal and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.
8. You must do everything reasonably required by us to give full effect to the Terms of Use.
9. Where anything requires our consent or approval, that consent or approval may be given conditionally or withheld by us as we decide.
10. The terms that expressly or by their nature create continuing obligations, including without limitation, terms defining the parties’ obligations for payments, indemnification, confidentiality, intellectual property, applicable law and dispute resolution provisions, shall survive expiration or termination of this Agreement. Termination shall not relieve either Party from liability for breach of this Agreement.
11. There are no third-party beneficiaries to the Terms of Use.

Worker Terms of Use

These Worker Terms of Use apply in addition to and do not replace the General Terms of Use.

Definitions and interpretation
1. Service means the MyPass service which is the service provided by us via the Website that allows you access to the Service to upload and have verified your Work Passport and Compliance Documents; and to share your Work Passport with your Employer(s), the end consumer of your Employer’s service, or with a Business Partner’s software system including compliance / mobilisation / rostering / site-access portals; and to communicate with a Business Partner through the Service; and the Employer resourcing service provided by us that allows you access to the Service for you to review, and apply for roles provided by an Employer; and the primary source verification service, which is the process we use to verify your Compliance Documentation with each Institution.
2. You means the person who registered on the Service as a Worker in accordance with the process in the Worker Terms of use.
Registration
1. Where a Business Partner nominates you as being a Worker, we will collect some identification, contact and other Personal Information regarding you from that Business Partner and you consent to us collecting such Personal Information. However you may need to complete your registration (including by providing additional information to us) before we can provide the Service to you.
MyPass process
1. As a Worker, you can either register directly on the Service or be invited to use the Service by a Business Partner.
2. You acknowledge that after you create your Work Passport, or once it is created on your behalf by a Business Partner:
  1. your Work Passport will be visible only to the Business Partner(s) who invited you and in some instances their client;
  2. our personnel will review your Work Passport, check for errors in your professional profile, and verify (in accordance with industry standards) any documentation that you have uploaded;
  3. where possible our personnel will verify your Compliance Documents at the source of issue and may contact the relevant Institution in order to do so;
  4. if errors or omissions are identified in the course of verifying the information and documents identified in this clause, we will amend and notify you; and
  5. your verification status will remain pending until we can complete the verification process to our satisfaction.
3. You acknowledge and consent to the following:
  1. If you accept an invitation from a Business Partner to join their Resource Pool, then they will be able to see your Work Passport including your nominated physical address, classifications, calendar events relating to that Business Partner (assignments), employment history, view and download your Compliance Documents, and communicate with you.
  2. Your Employer may allow their client(s) or the end users of their service to view your Work Passport including your nominated physical address, classifications, calendar events relating to that Business Partner (assignments), employment history, and give them the ability to view and download your Compliance Documents. This includes the transfer of certain mandatory information & Compliance Documents to their client’s (or End User’s) designated software system (or database) for the purposes of: approval/selection for roles, mobilisation, site-access, logistics or other related activities.
  3. Business Partners that you have connected to will also be able to upload and verify Compliance Documents on your behalf, and synchronise (share) your personal details with us.
Employer resourcing service
1. Your Employer(s) may choose to offer you jobs or assignments through the Service. You may use your Work Passport to apply for those jobs / assignments you are interested in pursuing. Note- you will only be offered roles / assignments from the Employer(s) that you have given permission to be connected to you in MyPass.
2. Some Business Partners may use third-party websites (such as seek.com.au, jora.com.au and indeed.com) and request for Workers to apply for jobs using their MyPass login. If you apply for a job using your MyPass login (or register with MyPass as part of the application process) then that Employer will be able to review your Work Passport within the Service.
3. Employers may, on receipt of an application made by you, or because the Employer has reviewed your Work Passport, contact you through the Service about a particular role or job opportunity. After being contacted by an Employer, you will have the opportunity to communicate with the Employer, and find out more about the role.
4. If, at any time after an Employer indicates its preliminary acceptance of your application, either you or the Employer decide not to pursue an arrangement with each other, then either you or the Employer (as applicable) may terminate the application through the Service.
5. While we encourage you to use the Service to apply for multiple roles, the Service will only allow you to accept one role scheduled for any given date without prior permission of the Employer(s). Therefore, once an Employer indicates its final acceptance of your application for a role, if you are shortlisted for another role (or roles) with overlapping dates, the other Employer(s) will be notified of the schedule clash and, the Employer may (in their sole discretion) elect to adjust the dates of the role to avoid the overlap. However, once either you or the Employer terminates the matching process in accordance with this clause, such restrictions and suspensions will be removed.
6. If after communicating with an Employer, you and the Employer would like to enter into an employment arrangement with each other, you are responsible for liaising directly with the Employer in relation to the negotiation of the terms of such an arrangement. There is no charge to you for us providing this Service to you.
7. Once you have applied, been shortlisted or confirmed for a role, your Work Passport may be made available for viewing by any other Business Partners your Employer needs to provide the information to in relation to the provision of services for that assignment (for example, their client, the end user of the service, the prime service provider, the logistics and site access system provider, Institutions or End Users).
Compliance document verification process
1. If you agree to the Worker Terms of Use, you consent to Business Partners disclosing your Personal Information, Sensitive Information and your Compliance Documents to us, and Institutions for the purpose of primary source verification and to ensure the integrity of information relating to you.
2. When we are seeking to verify your Compliance Documents, we may elect to do this at the primary source of issue. This may involve verification with training organisations, licensing authorities, ministries, immigration departments, industry associations, medical practitioners and educational institutions (Institutions).
3. By uploading your Compliance Documents, you give us permission to contact the relevant Institution in order to conduct primary source verification.
4. You give the Institution who issued you your Compliance Documents permission to view a summary of your MyPass profile within their MyPass portal.
Internal Use
1. A Business Partner may elect to use a more limited version of the Service, under which the Service is used for the internal record keeping and management purposes of the Business Partner but does not utilise information sharing, matching or other similar functionality (“Internal Use Version”). If a Business Partner uses the Internal Use Version, the Personal Information that we collect, hold and use regarding you will be provided to us by the Business Partner, and you may not be able to log into or use the Service.
Your general obligations
1. If requested by an Employer during the course of negotiations between you and the Employer:
  1. provide the Employer with all documentation reasonably required, including but not limited to accreditations, licences, and academic transcripts; and
  2. undergo a pre-employment medical examination, anti-body test or a drug and alcohol screen test.
Acknowledgements
1. You acknowledge that while you will have access to potential engagements published by a Business Partner, we do not guarantee that you will be engaged by a Business Partner and you will not hold us liable for any loss you may suffer in such circumstances.
2. You acknowledge that while you will have access to training courses published by Institutions, we do not guarantee that you will be successful with your training and you will not hold us liable for any loss you may suffer in such circumstances.
Privacy
1. If you agree to the Worker Terms of Use, you consent to Business Partners disclosing your Personal Information and your Compliance Documents to us, and Institutions for the purpose of primary source verification and to ensure the integrity of information relating to you.
Variation
1. You accept that:
  1. if you are engaged by a Business Partner through our Service after you have registered with us in accordance with the ‘Registration’ clause, the Worker Terms of Use which apply to you are the terms and conditions that you have accepted upon Registration, and we will not vary these terms and conditions with respect to your continued use of our Service; and
  2. if you have not been engaged by a Business Partner at the time you receive the notice as set out in the General Terms of Use, your continued use of our Service will be governed by the varied Worker Terms of Use.

Employer Terms of Use

These Employer Terms of Use apply in addition to and do not replace the General Terms of Use.

Definitions and Interpretation
1. Service means the MyPass service which is the service provided by us via the Website that allows you access to manage your Resource Pool and their Work Passports; and to invite Workers to the Service, searching for Workers, and accessing their Work Passports applicable to managing their Compliance Documents, communicate with them and/or facilitate their access to a work site; and to enable you to share a portion or all of your Resource Pool with your client(s) or another Business Partner; and to check compliance of Work Pool(s) with your compliance matrices; and to access the Employer resourcing service provided by us that allows you to set-up job roles and invite Workers to apply; and the primary source verification service, which is the process we use (where possible) to verify Worker Compliance Documents with each Institution.
2. You means the Employer who registers on the Service as an Employer in accordance with the processes in the Employer Terms of Use.
MyPass process
1. As an Employer, you are authorised to use the Service to:
  1. set-up Work Passports for your existing Workers whom you have already obtained all consents necessary in order for us to be able to collect and store that Personal Information and create their Work Passport.
  2. invite your existing Workers to your Resource Pool. If a Worker who already has a Work Passport accepts your invitation to join your Resource Pool, then you will be able to view their MyPass profile; update, view and download their Compliance Documents; and communicate with them.
  3. set-up one or more skills matrices in order to determine the compliance of a Resource Pool(s) with that skills matrix.
  4. you may be given access to the Work Passports (including calendar information) of Workers who are members of your labour providers Resource Pools. These Workers will not necessarily be in your Resource Pool but will be visible to you where we deem this information sharing as necessary for the provision of your services (for example, as the main provider of labour-related services you would have visibility of your labour provider’s Workers specific to that service).
Employer resourcing process
1. As an Employer, you are invited to use the Service to:
  1. create projects and job roles in order to match one or more Workers from your Resource Pool; and
  2. create job application links in order to seek the services of one or more Workers; and
  3. post job application links on external websites (such as seek.com.au, jora.com.au and indeed.com or your own company website).
2. Workers are invited to apply, through the Service, for roles that you create.
3. If a Worker applies for a role that you advertise, you will have an opportunity to review the Worker’s Work Passport, and either:
  1. reject the application;
  2. communicate with the worker to make a clarification;
  3. put the worker into the follow-up or shortlisted category; or
  4. offer the Worker the role.
4. If the Worker accepts your offer, or is moved to the ‘accepted state’, then the worker is deemed to be matched to your role and will be added to your Resource Pool. As part of your subscriptions fee, the contact details of the Worker will be released to you so that you can contact the Worker to discuss the role in more detail and conduct post job-matching activities.
5. If, at any time after you offer a Worker a role and either you or the Worker decide not to pursue an arrangement with each other, then either you or the Worker (as applicable) may terminate the application through the Service.
6. If after communicating with a Worker, either in relation to an advertised role or following a general search, you and the Worker would like to enter into an employment arrangement with each other, you are responsible for liaising directly with the Worker in relation to the negotiation of the terms of such an arrangement.
Job advertisements
1. If you post a job advertisement on the Service you must ensure that the advertisement includes full and accurate information about the particular role, including:
  1. the number of Workers required for the role;
  2. the indicative hourly rate that you propose paying for the role;
  3. the general skill set required for the role;
  4. any particular qualifications, accreditations or licences required for the role;
  5. whether a pre-engagement medical and/or drug and alcohol screen test is required; and
  6. any other special requirements for the role.
2. We may, but we are not obliged to, review the Content of job advertisements you post to the Service, and block, modify, terminate access to, or remove any such advertisement that we, in our sole discretion, consider to be non-compliant with any of the requirements of the Employer Terms of Use, in particular those requirements set out below in Clause 6 of this Employer Terms of Use.
Creating Worker profiles
In order for us to create Worker profiles/accounts for your Workers, you may need to provide us with certain Personal Information regarding your Workers, including identifying information, contact information and employment/credential information. You acknowledge and agree that you will be responsible for obtaining all consents and permission from your Workers necessary for us to be able to collect and store that Personal Information in order to create their Work Passports.
Internal use
You may elect to use a more limited version of the Service, under which the Service is used for your internal record keeping and management purposes as an Employer but does not utilise information sharing, matching or other similar functionality (“Internal Use Version”). If you use the Internal Use Version:
1. you will be solely responsible for collecting and loading into the Service all relevant information regarding your Workers that you wish to be able to access and manage within the Internal Use Version (including obtaining all consents from your Workers necessary for Personal Information regarding the Workers to be stored and used within the Service);
2. you acknowledge and agree that you may receive a more limited set of features and functions and may not have the benefit of the information sharing, matching or other similar functionality within the Service; and
3. if you elect to use the Internal Use Version and subsequently wish to commence using the full version of the Service, additional consents may need to be obtained, including additional consents from your Workers.
Acknowledgement
1. You acknowledge that, while we will use our best endeavours to match you with Workers who wish to be engaged by you, it may be that, we are unable to do so, and you will not hold us liable for any loss you may suffer in such circumstances.
Worker suitability disclaimer
1. We make no representation or warranty that any Worker you engage for a particular role:
  1. is appropriately experienced, skilled and qualified for the performance of that role;
  2. holds all licences, qualifications, accreditations and certificates required to perform that role or to operate any vehicles or equipment in the performance of that role; or
  3. has the mental or physical capacity to undertake that role.
Privacy
1. Where you provide any Personal Information, Sensitive Information or other information regarding your Workers or any other third parties to us (including by uploading the information to the Service), you are solely responsible for obtaining all consents and permission from and providing all notices to such Workers or other third parties as required under any applicable law in order for us to be able to collect, hold, use, disclose and otherwise deal with that Personal Information or Sensitive Information as contemplated in the Employer Terms of Use.

Institution Terms of Use

These Institution Terms of Use apply in addition to and do not replace the General Terms of Use.

Definitions and Interpretation
1. Service means the MyPass service which is the service provided by us via the Website that allows you to manage your Resource Pool and trainees and their Work Passports; and to Invite Workers and trainees to the Service, searching for Workers and trainees, and accessing their Work Passports applicable to managing their Compliance Documents, communicating with them and/or facilitating their access to a training site or work site; and to enable you to share a portion or all of your Resource Pool or trainees with your client(s) or another Business Partner; and the Employer resourcing service provided by us that allows you to set-up job roles and invite workers to apply; and the primary source verification service, which is the process we use (where possible) to verify Worker Compliance Documents with each Institution.
2. You means the Institution who registers on the Service as an Institution in accordance with the processes in the Institution Terms of Use.
MyPass process
1. As an Institution, you are authorised to use the Service to:
  1. invite your existing Workers or trainees to your Resource Pool
  2. set-up Work Passports for your existing Workers or trainees whom you have already obtained all consents necessary in order for us to be able to collect and store that Personal Information and create their Work Passport.
  3. search for, retrieve, and invite Workers or trainees to your Resource Pool who have registered independently of a Business Partner. When searching, an Institution can view a Worker’s profile photo, location (suburb), local time, classification(s), past employers, employment history, experience, and Compliance Documents summary. If a Worker or trainee accepts your invitation to join your Resource Pool, then you will be able to view their MyPass calendar; update, view and download their Compliance Documents; and communicate with them.
  4. You may be given access to the Work Passports (including calendar information) of Workers or trainees who are members of another Business Partner’s Resource Pool. These Workers and trainees will not necessarily be in your Resource Pool but will be visible to you where we deem this information sharing as necessary for the provision of their services. This includes for the purpose of synchronising or uploading training documents and information into the Work Passports of those Workers and trainees.
2. As an Institution, you:
  1. will be able to view a Worker’s and trainee’s calendar, view and download their Compliance Documents, and communicate with them; and
  2. acknowledge that a Work Passport Worker may, at his or her sole discretion, consent to and withdraw such consent at any time to be a member of your Resource Pool, or receive training course information and advertisements.
Course booking process
1. As an Institution, you are invited to use the Service to:
  1. post training course advertisements seeking bookings from one or more Workers;
  2. review worker profiles (including the Work Passports) by way of a general search; and
  3. request to view Work Passports for specific workers and trainees who meet your requirements.
2. Workers are invited to apply, through the Service, for training courses that you advertise.
3. If a Worker applies for a training course that you advertise, you will have an opportunity to review the Worker’s Work Passport, and either:
  1. reject the application;
  2. communicate with the worker to make a clarification; or
  3. offer the Worker a position on the course.
4. If the Worker accepts your offer, then the worker is deemed to be confirmed for your course. As part of your monthly fee, the contact details of the Worker will be released to you so that you can contact the Worker to discuss the course in more detail and conduct post-booking activities.
5. If, at any time after you offer a Worker a position in your course and either you or the Worker decide not to pursue an arrangement with each other, then either you or the Worker (as applicable) may terminate the application through the Service or directly with each other.
6. If after communicating with a Worker, either in relation to an advertised course or following a general search, you and the Worker would like to enter into an arrangement with each other, you are responsible for liaising directly with the Worker in relation to the negotiation of the terms of such an arrangement.
Course advertisements
1. If you post a course advertisement on the Service you must ensure that the advertisement includes full and accurate information about the particular course in accordance with the Standards for Registered Training Organisations (RTOs) 2015, and the Standards for VET Accredited Courses 2012.
2. We may, but we are not obliged to, review the Content of course advertisements you post to the Service, and block, modify, terminate access to, or remove any such advertisement that we, in our sole discretion, consider to be non-compliant with any of the requirements of the Institution Terms of Use, in particular those requirements set out in the ‘Communications with us and others’ clause of the General Terms of Use.
Acknowledgement
1. You acknowledge that, while we will use our best endeavours to match you with Workers who wish to be engaged by you for training courses that you advertise or provide, it may be that we are unable to do so, and you will not hold us liable for any loss you may suffer in such circumstances.
Worker suitability disclaimer
1. We make no representation or warranty that any Worker you engage for a particular role:
  1. is appropriately experienced, skilled and qualified for the performance of that role;
  2. holds all licences, qualifications, accreditations and certificates required to perform that role or to operate any vehicles or equipment in the performance of that role; and
  3. has the mental or physical capacity to undertake that role.

End-User Terms of Use

These End User Terms of Use apply in addition to and do not replace the General Terms of Use.

Definitions and Interpretation
1. Service means the MyPass service which is the service provided by us via the Website that allows you to manage your Resource Pool, your labour vendor Resource Pools and their Work Passports; invite Workers to the Service, search for Workers within a Resource Pool, and accessing their Work Passports applicable to managing their Compliance Documents, communicating with them and/or facilitating their access to a work site; and to enable you to share a portion or all of your Resource Pool with your related entities or another Business Partner; and to Check compliance of a Resource Pool(s) with your compliance matrices; and the Employer resourcing service provided by us that allows you to set-up job roles and invite workers to apply; and the primary source verification service, which is the process we use (where possible) to verify Worker Compliance Documents with each Institution.
2. You means the End User who registers on the Service as an End User in accordance with the processes in the End User Terms of Use.
MyPass process
1. As an End User, you are authorised to use the Service to:
  1. invite your existing Workers to your Resource Pool. If a Worker who already has a Work Passport accepts your invitation to join your Resource Pool, then you will be able to view their MyPass profile; update, view and download their Compliance Documents; and communicate with them
  2. set-up Work Passports for your existing Workers whom you have already obtained all consents necessary in order for us to be able to collect and store that Personal Information and create their Work Passport.
  3. set-up one or more skills matrices in order to determine the compliance of a Resource Pool(s) with that skills matrix. A skills matrix can be shared with other Business Partners within the Service.
  4. for the purposes of delivering a specific project or contract, you may request resources from your labour providers who will then match their workers to your request(s). You will be given access to the Work Passports (including compliance information) of these Workers who are members of your labour providers’ Resource Pools. These Workers will not necessarily be in your Resource Pool but will be visible to you where we deem this information sharing as necessary for the provision of services (for example you may be given visibility of your labour providers’ Workers specific to a project or contract).
  5. View compliance reports for your own Workers, or workers shared with you by one of your vendors.
Employer resourcing and matching process
1. As an End User, you are invited to use the Service to:
  1. create job roles in order to match one or more Workers from your Resource Pool;
  2. create job application links in order to seek the services of one or more Workers; and
  3. post job application links on external websites (such as seek.com.au, jora.com.au and indeed.com or your own company website).
2. Workers are invited to apply, through the Service, for roles that you create.
3. If a Worker applies for a role that you advertise, you will have an opportunity to review the Worker’s Work Passport, and either:
  1. reject the application;
  2. communicate with the worker to make a clarification;
  3. put the worker into the follow-up or shortlisted bucked; or
  4. offer the Worker the role.
4. If the Worker accepts your offer or is moved to the ‘accepted’ state, then the worker is deemed to be matched to your role and will be added to your Resource Pool. As part of your monthly fee, the contact details of the Worker will be released to you so that you can contact the Worker to discuss the role in more detail and conduct post job-matching activities.
5. If, at any time after you offer a Worker a role and either you or the Worker decide not to pursue an arrangement with each other, then either you or the Worker (as applicable) may terminate the application through the Service.
6. If after communicating with a Worker, either in relation to an advertised role or following a general search, you and the Worker would like to enter into an employment arrangement with each other, you are responsible for liaising directly with the Worker in relation to the negotiation of the terms of such an arrangement.
Job advertisements
1. If you post a job advertisement on the Service you must ensure that the advertisement includes full and accurate
  information about the particular role, including:
  1. the number of Workers required for the role;
  2. the indicative hourly rate that you propose paying for the role;
  3. the general skill set required for the role;
  4. any particular qualifications, accreditations, or licences required for the role;
  5. whether a pre-engagement medical and/or drug and alcohol screen test is required; and
  6. any other special requirements for the role.
2. We may, but we are not obliged to, review the Content of job advertisements you post to the Service, and block, modify, terminate access to, or remove any such advertisement that we, in our sole discretion, consider to be non-compliant with any of the requirements of the End User Terms of Use, in particular those requirements set out below in Clause 6 of this End User Terms of Use.
Creating Worker profiles
In order for us to create Worker profiles/accounts for your Workers, you may need to provide us with certain Personal Information regarding your Workers, including identifying information, contact information and employment/credential information. You acknowledge and agree that you will be responsible for obtaining all consents from your Workers necessary for us to be able to collect and store that Personal Information in order to create their Work Passports.
Internal use
You may elect to use a more limited version of the Service, under which the Service is used for your internal record keeping and management purposes as an Employer or End User but does not utilise information sharing, matching or other similar functionality (“Internal Use Version”). If you use the Internal Use Version:
1. you will be solely responsible for collecting and loading into the Service all relevant information regarding Workers that you wish to be able to access and manage within the Internal Use Version (including obtaining all consents from Workers necessary for Personal Information regarding the Workers to be stored and used within the Service);
2. you acknowledge and agree that you may receive a more limited set of features and functions and may not have the benefit of the information sharing, matching or other similar functionality within the Service; and
3. if you elect to use the Internal Use Version and subsequently wish to commence using the full version of the Service, additional consents may need to be obtained, including additional consents from Workers.
Acknowledgement
1. You acknowledge and agree that, while we will use our best endeavours to match you with Workers who wish to be engaged by you, it may be that we are unable to do so, and you will not hold us liable for any loss you may suffer in such circumstances.
Worker suitability disclaimer
1. We make no representation or warranty that any Worker you engage for a particular role:
  1. is appropriately experienced, skilled and qualified for the performance of that role;
  2. holds all licences, qualifications, accreditations and certificates required to perform that role or to operate any vehicles or equipment in the performance of that role; and
  3. has the mental or physical capacity to undertake that role.
Privacy
1. Where you provide any Personal Information, Sensitive Information or other information regarding your Workers or any other third parties to us (including by uploading the information to the Service), you are solely responsible for obtaining all consents and permission from and providing all notices to such Workers or other third parties as required under any applicable law in order for us to be able to collect, hold, use, disclose and otherwise deal with that Personal Information or Sensitive Information as contemplated in the End User Terms of Use.

Last Revision Date: 10 February 2023, Effective Date: 13 February 2023

MyPass® Terms of use

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MyPass^® Terms of use