1. Introduction

This Agreement is effective on 1 May 2018. Welcome to Wrk, by using the Wrk services, you agree to the following terms with Wrk. The entity you are contracting with is: WRK Australia Pty Ltd

2. Scope

Before using the Wrk services, you must read and accept all of the terms in, and linked to, this User Agreement (“Agreement”) and the Wrk User Privacy Notice. We strongly recommend that, as you read this User Agreement. By accepting this User Agreement, you agree that this User Agreement and User Privacy Notice will apply whenever you use the Wrk services, or when you use the tools we make available to interact with the Wrk services.

3. Using Wrk

While using the Wrk services, you will not:
  • Post content or items in inappropriate categories or areas on our sites and services.
  • Infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies.
  • Use the Wrk services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the Wrk services.
  • Fail to deliver payment for work undertaken for you.
  • Fail to undertake work agreed to by you, unless the business fails to meet the agreed terms or you cannot authenticate the buyer’s identity.
  • Manipulate the price of any item or interfere with other users’ listings.
  • Circumvent or manipulate our fee structure, the billing process, or fees owed to Wrk.
  • Post false, inaccurate, misleading, defamatory or offensive content (including personal information).
  • Take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to Wrk).
  • Transfer your Wrk account (including Feedback) and user ID to another party without our consent.
  • Distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes.
  • Distribute viruses or any other technologies that may harm Wrk or the interests or property of Wrk users.
  • Export or re-export any Wrk tools except in compliance with the export control laws of any relevant jurisdictions.
  • Copy, modify or distribute rights or content from the Wrk services or Wrk’s copyrights and trademarks or
  • Harvest or otherwise collect information about users, including email addresses, without their consent.

4. Abusing Wrk

Wrk and its community of users (“the Community”) work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the Wrk services, delay or remove hosted content, remove, delete, modify or not display listings, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies.
Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Wrk services.

5. Fees and services

We do charge fees for using other services. When you apply for a job that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least three days’ notice by posting the changes on the Wrk site. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

6. Content

When you upload content to the Wrk website or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights (including copyright and trademark rights you have in the content, in any media known now or in the future and for any other purpose.
If you are the author of that content, you also irrevocably and unconditionally consent, to the maximum extent permitted by law (either present or future), to Wrk and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by any of them (“Wrk Authorised Persons”):

(a) disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating, renting, transmitting or otherwise using the content (and any adaptation or part of the content) anywhere in the world:

(i) in whatever form and in whatever circumstances Wrk and the Wrk Authorised Persons think fit, including adding to or otherwise altering the content (or any adaptation or part of the content); and

(ii) without making any identification of you as the author in relation to the content (or any adaptation or part of the content); and

(b) doing anything or omitting to do anything in relation to the content (or any adaptation or part of the content) anywhere in the world that would otherwise infringe the moral rights, or any similar non-assignable, personal rights, that you might have.

7. Trading on Wrk and limitation of liability

While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold Wrk responsible for other users’ content, actions or inactions, items they list or their destruction of allegedly fake items. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item.
When you enter into a transaction you create a legally binding contract with another user. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not Wrk – are responsible for enforcing any rights that you may have. You alone, and not Wrk, are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.
We do not take ownership of the items at any time and do not transfer legal ownership of items between users.
Further, we cannot guarantee continuous or secure access to the Wrk services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. 

We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Wrk services.

To the extent that Wrk is able to limit the remedies available under this Agreement, Wrk expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:
  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.

8. Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

9. Breach

Without limiting other remedies available to Wrk at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, delete your listing, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees if:
  • You have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way.
  • We are unable to verify or authenticate any information you provide to us.
  • We believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
  • If we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.
For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.

13. Access and interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Wrk by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Wrk services for any purpose without our express written permission.
Additionally, you agree that you will not:
  • Take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure.
  • Copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of Wrk and the appropriate third party, as applicable.
  • Interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
  • Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

14. Listing conditions

By listing an item on Wrk’s sites, you assume full responsibility for the content of the listing offered, and accept the following listing conditions:
  • When you list an item on Wrk’s sites, your listing will be posted on Wrk’s sites and can be viewed in My Wrk.
  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Wrk can’t guarantee exact listing durations.
  • We may revise data in the Wrk product catalogue to supplement, remove, or correct information; if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly.
  • Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback and detailed seller ratings.
    Learn more about where your listings appear in search and browse results.
  • Your listing will, at all times, comply with Wrk rules and policies, including listing rules.
  • You must list your item in the most relevant category. When you list an item in two categories and there is a difference in final value fees between the categories, the higher final value fee will apply when your item sells.

15. Closing your account

You may close your Wrk account at any time, subject to:
  • Not having any outstanding items listed on the website; and
  • Resolving any outstanding matters (such as a suspension or restriction on your account); and
  • Paying any outstanding fees owing on the account.

16. Privacy

We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Wrk User Privacy Notice. We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Wrk User Privacy Notice. If you object to your information being transferred or used in this way please do not use our services.

Privacy of Others; Marketing

If Wrk provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

17. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Wrk services.

18. No agency

Wrk is not your agent for any purpose in relation to this Agreement or your use of the Wrk services.

19. Notices

Legal notices must be served on Wrk’s registered agent (in the case of Wrk) or to the email address you provide to Wrk during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

20. Legal disputes

If a dispute arises between you and Wrk, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to Wrk’s registered agent in accordance with Clause 20 above. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and forum for legal disputes

This Agreement will be governed in all respects by the laws of Queensland. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Wrk irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

21. General

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn’t waive our right to act on subsequent or similar breaches.

We may amend this Agreement at any time by posting the amended terms on Wrk.com.au.