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Terms & Conditions

InfyWorx Pty Ltd

Last updated: 19 December 2025

1. Introduction and Acceptance

By accessing, registering with, or using the InfyWorx platform (the "Platform"), you agree to be bound by these Terms and Conditions ("Terms"). InfyWorx Pty Ltd, ACN 662 524 058 ("InfyWorx", "we", "us", or "our") operates the Platform to facilitate connections between business clients requiring staffing services and independent contractors offering labour services. These Terms apply to all users of the Platform, whether operating as business clients or vendors/contractors (together, "Users").

If you do not agree to these Terms in their entirety, you must not access or use the Platform. Your continued use of the Platform signifies your acceptance of these Terms as amended from time to time. InfyWorx reserves the right to modify these Terms at any time by posting updated terms on the Platform. Changes are effective immediately upon posting.

2. Definitions and Interpretation

In these Terms, unless the context otherwise requires:

  • "Business Day" means any day other than a Saturday, Sunday, or Australian public holiday.
  • "Client" means any business entity, partnership, sole trader, or organisation that engages independent contractors through the Platform to perform services.
  • "Equipment" means all hardware, software, modems, servers, networking equipment, and ancillary services required to access and use the Platform.
  • "Intellectual Property" means copyrights, patents, trade marks, service marks, trade names, designs, and similar industrial, commercial and intellectual property rights (whether registered or not and whether protected by statute or not), including formulae, recipes, know-how, and all derivatives thereof.
  • "Platform" means InfyWorx's online labour marketplace platform, accessible via website and/or mobile application, including all software, services, content, and functionality provided therein.
  • "Services" means the staffing services, labour matching, and related services provided by or through the Platform.
  • "Vendor" means any independent contractor, sole trader, or labour service provider who offers services through the Platform.
  • "User" means any Client or Vendor using the Platform.

References to time are to local time in New South Wales, Australia. References to "dollars" or "$" are to Australian currency. The singular includes the plural and vice versa.

3. Account Registration and Eligibility

3.1 Account Creation

To use the Platform, you must create an account and provide accurate, complete, and current information including your name, contact details, business details (if applicable), professional qualifications, licenses, and certifications relevant to the services you provide or require. You are responsible for maintaining the confidentiality of your login credentials and password. You must not allow any other person to access your account and must immediately notify InfyWorx of any unauthorised access or security breach.

3.2 User Representations

You represent and warrant that:

  • You have the legal authority to enter into a binding contract.
  • You are at least 18 years of age and of sound mind.
  • No law, court order, or third-party agreement prevents you from using the Platform.
  • All information provided in your registration is truthful, complete, and current.
  • You hold all necessary licenses, qualifications, and certifications required by law to perform the services you offer or engage others to perform.

3.3 Account Management

You are responsible for all activity conducted through your account, whether authorised by you or not. You must update your account information promptly if any details change. InfyWorx reserves the right to suspend, deactivate, or terminate your account if any information is found to be inaccurate, misleading, or in breach of these Terms.

4. Nature of the Platform and Independent Contractor Status

4.1 Facilitation Only

InfyWorx operates the Platform as a marketplace facilitator connecting Clients with Vendors. InfyWorx is not a party to any contract between Clients and Vendors. Any service agreement, including terms of engagement, rates of pay, duration, and conditions of work, is entered into directly between the Client and the Vendor. InfyWorx does not hire, employ, supervise, or manage either party.

4.2 Independent Contractor Classification

All Vendors engaging through the Platform do so as independent contractors. Vendors are not employees of InfyWorx or of any Client. As independent contractors, Vendors are responsible for:

  • Obtaining and maintaining all necessary business licenses, permits, and professional registrations.
  • Obtaining and maintaining appropriate public liability insurance and other insurances as required by law.
  • Paying their own income tax, goods and services tax (GST), superannuation contributions, and other statutory obligations.
  • Complying with all applicable laws relating to independent contracting, occupational health and safety, workers compensation, and fair work legislation.
  • Providing their own equipment, tools, and materials unless otherwise agreed directly with the Client.

4.3 No Employment Relationship

Nothing in these Terms or the Platform creates an employment relationship between InfyWorx and any Vendor, or between a Client and any Vendor (unless the parties separately agree otherwise in writing). Vendors retain complete control over whether, when, and how to provide services. Neither party is required to provide ongoing work or accept any offered engagement.

4.4 Client Obligations

Clients acknowledging engaging Vendors as independent contractors and not as employees. Clients are responsible for:

  • Ensuring their engagement of Vendors complies with all applicable laws, including the Fair Work Act 2009 (Cth), Work Health and Safety Act 2011 (Cth), Modern Awards, and state-based industrial relations laws.
  • Not misclassifying Vendors as employees where they meet the legal definition of an employee.
  • Providing a safe and lawful work environment in compliance with Work Health and Safety legislation.
  • Negotiating, agreeing, and paying all agreed service fees and any statutory entitlements applicable to the engagement.

5. Use of the Platform

5.1 Permitted Uses

The Platform is provided solely for the purpose of connecting Clients and Vendors to facilitate lawful business transactions. You may use the Platform only for legal, legitimate commercial purposes consistent with these Terms.

5.2 Prohibited Conduct

You must not:

  • Post or request any services that are illegal, unlawful, unethical, or in violation of any applicable law or regulation.
  • Harass, defame, threaten, or discriminate against any User based on protected attributes including race, colour, sex, sexual orientation, gender identity, age, disability, religion, national origin, or veteran status.
  • Impersonate any person or misrepresent your identity or authority.
  • Upload, transmit, or distribute viruses, malware, trojans, or other harmful code.
  • Engage in unauthorised access to, probing of, or testing of the Platform's security or vulnerability.
  • Reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying technology of the Platform.
  • Scrape, crawl, or extract data from the Platform without written authorisation.
  • Attempt to circumvent InfyWorx to avoid paying applicable fees or to breach the terms of engagement.
  • Use the Platform to solicit Vendors or Clients for purposes unrelated to staffing or labour services.
  • Perform load testing, denial-of-service attacks, or other acts that disrupt or impair the Platform's operation.
  • Share login credentials, access codes, or other non-public features of the Platform with unauthorised third parties.
  • Violate these Terms or any other agreement referenced herein.

5.3 Enforcement

InfyWorx may, at its sole discretion and without notice, suspend or terminate your account, restrict your access to the Platform, or take legal action against you for any breach of these Terms or applicable law.

6. Fees and Payment

6.1 Service Fees

InfyWorx may charge service fees to Clients for arranging introductions to Vendors or for use of the Platform. Any fees payable are specified on the Platform or in a separate fee schedule provided to you. Vendors may use the Platform free of charge, unless otherwise notified.

6.2 Billing and Payment Terms

All fees must be paid according to the terms specified on your account or in an invoice issued by InfyWorx. Invoices are due within 30 days of issue unless alternative payment terms are agreed in writing. Payment may be made by the methods specified on the Platform.

6.3 Third-Party Payment Processors

InfyWorx may use third-party payment processors and services. You acknowledge that InfyWorx is not responsible for any loss, damage, or error arising from the operation of third-party payment services. You agree to be bound by the terms and conditions of any third-party payment provider you choose to use.

6.4 Disputed Charges

If you believe any charge is incorrect, you must notify InfyWorx in writing no later than 60 days after the charge appears on your statement. InfyWorx will investigate and issue a credit or adjustment if the error is confirmed.

6.5 Late Payment

Unpaid invoices will accrue interest at the rate of 1.5% per month on the outstanding balance, or the maximum rate permitted by law, whichever is lower, plus all reasonable collection costs. Unpaid fees may result in immediate suspension or termination of your access to the Platform.

6.6 GST and Taxes

You are responsible for all applicable goods and services tax, payroll tax, income tax, and other statutory charges. Fees are stated exclusive of GST unless otherwise specified.

7. Client Responsibilities

7.1 Legal Compliance

As a Client, you acknowledge that you are responsible for:

  • Complying with all applicable federal, state, and local laws when engaging Vendors, including the Fair Work Act 2009 (Cth), Work Health and Safety Act 2011 (Cth), and relevant Modern Awards.
  • Ensuring you do not misclassify workers as independent contractors when they meet the legal definition of an employee ("sham contracting").
  • Obtaining appropriate insurances and maintaining safe work practices.
  • Verifying that Vendors hold all necessary licenses, qualifications, and certifications relevant to the work being performed.

7.2 Workplace Safety

You must provide a safe working environment and communicate all site-specific hazards, rules, and requirements to Vendors. You remain liable for any injuries or incidents occurring at your workplace. Vendors are responsible for complying with safety requirements and reporting hazards.

7.3 Engagement Terms

You must negotiate and agree upon all service terms, including rates of pay, payment schedules, hours of work, duration of engagement, and any statutory entitlements directly with each Vendor. InfyWorx does not set or approve these terms.

7.4 Non-Interference

You must not:

  • Treat Vendors as InfyWorx employees or assume InfyWorx shares in your contractual obligations.
  • Attempt to involve InfyWorx in disputes between yourself and a Vendor.
  • Assume InfyWorx endorses or guarantees any Vendor's performance, qualifications, or conduct.
  • Circumvent InfyWorx or contact Vendors directly to avoid paying introduction fees or to breach the terms of the Platform.

8. Vendor Responsibilities

8.1 Professional Conduct

As a Vendor, you must:

  • Provide honest, accurate information about your skills, qualifications, licenses, and experience.
  • Perform all services diligently, safely, and in compliance with Client instructions and applicable law.
  • Adhere to all lawful instructions, workplace rules, and safety procedures communicated by the Client.
  • Maintain professional conduct and treat all individuals with respect.
  • Communicate promptly with Clients regarding job details, scheduling, and any changes or concerns.

8.2 Legal Compliance and Registration

You must:

  • Hold a valid Australian Business Number (ABN) or equivalent tax registration if required by law.
  • Comply with all applicable laws relating to independent contracting, occupational health and safety, worker's compensation, and fair work legislation.
  • Obtain and maintain all necessary professional licenses, certifications, and registrations relevant to the services you provide.
  • Not misrepresent yourself as an employee of InfyWorx or the Client.
  • Not engage in unlawful, discriminatory, or unethical conduct.

8.3 Insurance and Indemnity

You are responsible for obtaining and maintaining appropriate insurances including public liability insurance. You agree to indemnify and hold harmless InfyWorx against any claims, damages, or losses arising from your breach of these Terms, your negligence, or your unlawful conduct.

8.4 Confidentiality

You must not:

  • Disclose confidential or sensitive information obtained while performing services.
  • Breach the privacy or intellectual property rights of the Client.
  • Share non-public Client data or business information.
  • Conduct yourself in a manner that brings InfyWorx or the Client into disrepute.

9. Platform Policies and Conduct Standards

9.1 Truthful Information

All Users must provide truthful, accurate, and complete information in profiles, job postings, proposals, and other communications. You must update your information promptly if any details change.

9.2 Account Security

You must protect your login credentials and take all reasonable steps to prevent unauthorised access to your account. You must immediately notify InfyWorx of any security breach or unauthorised use.

9.3 Respectful Conduct

All Users must:

  • Treat other Users with respect and professionalism.
  • Not engage in harassment, discrimination, bullying, or threatening behaviour.
  • Not post inflammatory, defamatory, obscene, or offensive content.
  • Not attempt to exploit other Users or the Platform.

9.4 Compliance Monitoring

Although InfyWorx has no obligation to monitor User activity, InfyWorx may do so and may restrict or prohibit any use of the Platform it believes violates these Terms or applicable law.

10. Intellectual Property Rights

10.1 Platform Ownership

InfyWorx owns and retains all right, title, and interest in the Platform, including all software, technology, content, designs, improvements, enhancements, and intellectual property. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose only.

10.2 Restrictions on Use

Except as permitted by law, you must not copy, modify, merge, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from any part of the Platform or its intellectual property. You must not licence, sell, rent, lease, or commercially exploit the Platform.

10.3 User-Generated Content

Any content you post on the Platform (including profiles, job descriptions, proposals, and communications) remains your property. However, by posting such content, you grant InfyWorx a non-exclusive, perpetual, royalty-free license to use, reproduce, modify, and distribute the content for operational and promotional purposes.

10.4 Third-Party Content

InfyWorx may use anonymised, aggregated data and information derived from User activity to improve the Platform, develop new features, and conduct business analytics. InfyWorx will not disclose your personal information without authorisation, except as required by law or in de-identified form.

11. Indemnification

11.1 Your Indemnity to InfyWorx

You agree to indemnify, defend, and hold harmless InfyWorx and its officers, directors, employees, agents, and affiliates from any and all claims, damages, losses, liabilities, costs, and legal fees arising from or relating to:

  • Your use of the Platform or breach of these Terms.
  • Any dispute between you and another User.
  • Any claim that your conduct, content, or actions violated the rights of a third party or applicable law.
  • Any injury, damage, or loss caused by your negligence, wilful misconduct, or unlawful conduct.

11.2 Survival

This indemnity obligation survives termination of your account and these Terms.

12. Disclaimers and Limitations of Liability

12.1 "As Is" Service

The Platform is provided "as is" and "as available" without any warranties, guarantees, or conditions (express or implied). To the fullest extent permitted by law, InfyWorx disclaims all warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, and quiet enjoyment.

12.2 No Guarantees

InfyWorx does not warrant or guarantee that:

  • The Platform will be uninterrupted, error-free, or virus-free.
  • You will be matched with any particular User or that any engagement will be successful.
  • Any User-provided information, credentials, or content is accurate, reliable, or complete.
  • Any Services provided will meet your expectations or requirements.
  • The Platform will be compatible with your Equipment or software.

12.3 No Endorsement

InfyWorx does not endorse, verify, or guarantee any User, their qualifications, their conduct, or the quality of their work. InfyWorx performs no background checks or vetting beyond initial registration. Each User remains solely responsible for their representations and performance.

12.4 Limitation of Liability

Subject to the Australian Consumer Law and other non-excludable legal rights, InfyWorx's total liability for any claim arising from these Terms or your use of the Platform is strictly limited to the lesser of: (a) any fees actually paid by you to InfyWorx in the 12 months preceding the claim, or (b) the cost of re-supplying the relevant Services.

12.5 Exclusion of Consequential Loss

To the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, special, consequential, punitive, or exemplary loss or damage, including loss of profits, revenue, business opportunity, data, goodwill, or reputational harm, even if advised of the possibility of such loss.

12.6 Non-Excludable Rights

Nothing in these Terms excludes or limits your rights under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other non-excludable statutory rights. If any exclusion or limitation is found to be unenforceable, it will be limited to the maximum extent permitted by law.

12.7 No Agency or Employment

InfyWorx is not your agent, employer, partner, or legal representative. No agency, partnership, joint venture, or employment relationship is created by these Terms or use of the Platform.

13. Privacy and Data Protection

InfyWorx collects and uses personal information in accordance with its Privacy Policy. By using the Platform, you consent to the collection, use, and disclosure of your information as set out in the Privacy Policy. The Privacy Policy is available on the Platform and forms part of these Terms.

14. Termination and Suspension

14.1 Termination by InfyWorx

InfyWorx may suspend, restrict, or terminate your account and access to the Platform at any time, with or without notice, if:

  • You breach any material term of these Terms.
  • You provide false or misleading information.
  • Your conduct violates applicable law or is otherwise harmful.
  • You fail to pay any fees when due.
  • InfyWorx reasonably believes your use of the Platform is unlawful, unsafe, or harmful.

14.2 Termination by You

You may close your account at any time by notifying InfyWorx in writing. Upon termination, your right to use the Platform ceases immediately.

14.3 Effect of Termination

Upon termination or suspension:

  • All accrued payment obligations remain due and payable.
  • All confidentiality, indemnity, and limitation of liability obligations survive.
  • InfyWorx may delete your account and associated data, subject to any legal retention requirements.
  • You must cease all use of the Platform immediately.

15. Dispute Resolution

15.1 Good Faith Negotiation

If a dispute arises relating to these Terms or the Platform, the disputing party must first notify the other party in writing, clearly stating the nature of the dispute, the desired outcome, and the action required to resolve it.

15.2 Resolution Process

The parties must attempt to resolve the dispute in good faith through direct negotiation within 7 days of notification. If the dispute is not resolved within 21 days of the initial notification, either party may initiate mediation.

15.3 Mediation

If negotiation fails, the parties agree to submit the dispute to mediation before an impartial mediator appointed by the Australian Mediation Association or its nominee. Mediation will be held in New South Wales. The parties will equally share the mediator's fees and venue costs and will each bear their own legal and professional costs.

15.4 Litigation

If the dispute is not resolved within 30 days of mediation commencing, either party may institute legal proceedings in the courts of New South Wales.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts.

17. Amendments and Notices

17.1 Amendments

InfyWorx may amend these Terms at any time. Amendments are effective immediately upon posting to the Platform. Your continued use of the Platform signifies acceptance of the amended Terms.

17.2 Notices

All notices must be in writing. Notices are deemed received:

  • Immediately if personally delivered or electronically confirmed (email/facsimile).
  • The next Business Day if sent by courier.
  • Upon receipt if sent by registered or certified mail.

18. General Provisions

18.1 Entire Agreement

These Terms constitute the entire agreement between you and InfyWorx relating to the Platform and supersede all prior negotiations, understandings, and agreements (oral or written). No variation is effective unless in writing and signed by both parties.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, it will be severed. The remainder of these Terms will continue in full force and effect.

18.3 Waiver

No waiver of any breach of these Terms is effective unless in writing. The failure to enforce any right does not constitute a waiver of that right.

18.4 Costs

In any legal proceeding to enforce these Terms, the prevailing party is entitled to recover reasonable legal costs and professional fees from the other party.

18.5 Assignment

You may not assign, transfer, or sublicense your rights under these Terms without InfyWorx's prior written consent. InfyWorx may assign its rights and obligations at any time without notice or consent.

18.6 Survival

The provisions of these Terms that by their nature should survive termination (including indemnification, confidentiality, limitation of liability, and governing law) will survive termination or expiration of these Terms.

19. Contact Information

For questions about these Terms, to report a breach, or to contact InfyWorx:

InfyWorx Pty Ltd
ACN 662 524 058
Email: info@infyworx.com.au

By using the Platform, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.