Terms and Conditions (Australia)
GENERAL TERMS AND CONDITIONS OF USE
The following general terms and conditions (“terms“) apply to the use of Need a Barista. By clicking “I Agree” or by using Need a Barista, you agree to be bound by these terms. If you do not accept these terms, you must refrain from using Need a Barista. These terms must be read in conjunction with any other applicable terms and conditions governing the use of Need a Barista. In these terms, the expressions “we”, “us” and “our” are a reference to Need a Barista Australia Pty Limited ABN 36 603 114 576 and “Need a Barista” is a reference to our website, our platform and our services.
“Barista” means any user who completes the Need a Barista application process on our website and has been accepted by us as a Barista.
“Café Partner” means any user who completes the Need a Barista booking process for engaging a Barista and has been accepted by us as a Café Partner.
“content” means any text, graphics, photographs, trademarks, logos, sounds, music, artwork, computer code and other material used, displayed or available on Need a Barista.
“set hourly rate” means the hourly rate (exclusive of GST) payable to a Barista for any shift, as determined by us and set out on our website from time to time.
“platform” means the software platform provided by us to users through the website known as Need a Barista.
“services” means the services, information, and resources provided by us to users through the website and platform.
“shift” means the period of engagement of a Barista to work as a barista for a Café Partner, for a period not of less than 5 hours and not exceeding 8 hours, at a location, date and time specified in the Café Partner’s booking.
“user” means any person who completes the Need a Barista registration, application or booking process, as described under ‘user account password and security’ below, or otherwise uses the platform or the services, including specifically Baristas and Café Partners.
“website” means the website operated by us at www.needabarista.com.
User account password and security
Using Need a Barista, or using any of our services, may require you to open an account, make a booking or complete an application form. To do so, you must complete the registration, booking or application process in the manner described on our website. By opening an account, making a booking or completing an application form, you agree and warrant that all information you provide is accurate and up to date and does not infringe any other person’s rights. You must also update the details of your account, booking or application if any of them change.
Registration is non-transferable. You are responsible for all of the activities that occur under your account. You should carefully choose your password and user name and protect them from unauthorised use. Please let us know immediately of any unauthorised use of your account or any other breach of security. We are not liable for any loss if someone else uses your password or account.
Users under the age of 18 must not use our services.
Information you provide to us
To create an account as either a Café Partner or a Barista, you must provide us with certain details of your personal information that we request (which may include, without limitation, your name, your date of birth, your phone number, your e-mail address, your photo, your qualifications, your experience and expertise, your mail or physical address or location, your CV, your referee details, your ABN and your GST registration status). You represent, warrant and undertake to us that you will not provide any false personal information.
We will use, store and handle this information in accordance with the requirements of the Privacy Act 1988 (Cth) that apply to us.
We do not claim ownership of this information or any other content, data or information that you may provide to us. You will continue to own any and all intellectual property rights in such information. However, you agree to grant us a perpetual, non-exclusive, assignable, worldwide and royalty-free license (with a right to sub-licence) to use, store, reproduce, communicate, publish, display or distribute such information in an anonymous manner. This right continues even if you no longer use Need a Barista. We will only use this information for the purposes of operating, promoting or improving the Need a Barista platform, for developing other products or services. This means, for example, that we might use this information to compile statistical information for use in marketing Need a Barista, to make improvements to Need a Barista or to develop complementary products or services to Need a Barista.
If you would like to know more about how we use, store or handle your personal information, please contact us.
If you are a Café Partner, this section applies to you and your use of Need a Barista.
Payments to us
We will charge you the applicable fee under the relevant booking, option or plan selected by you and as set out on our website (“Booking Fee”). The Booking Fee will be charged on a per shift basis.
If you make any payments for using the services with a credit or charge card or an online payment account, you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorise us to charge the designated credit or charge card or online payment account for the total amount of the payment, plus any GST.
We understand that the needs and requirements of our Café Partners can change quickly, and we pride ourselves on providing you with flexibility. However, late cancellations can prevent us from providing our users with the best possible service and impacts our ability to allocate Baristas to where they are needed. Unless we are provided with more than 24 hours’ cancellation notice before the commencement of any shift, any Booking Fees in relation to that shift are non-refundable and forfeited to us.
Where applicable, you agree to pay all GST and other similar taxes imposed in connection with the supply of the use of Need a Barista to you. You are responsible for all internet service provider fees, telecommunication and other charges required for your connection to, or use of, Need a Barista.
Engagement of a Barista
You agree that any Baristas engaged by you are engaged by you directly, and is a separate legal arrangement between you and the Barista, and not with us. You are free to agree to other conditions with the Baristas, as long as those conditions comply with all relevant laws and are not inconsistent with these terms. You agree that such engagement must provide that Baristas be paid at the set hourly rate for every hour worked. Where applicable, you agree that such agreement must also provide that you pay all GST and other similar taxes imposed in connection with the supply of services by the Barista.
Any failure by a Café Partner to pay a Barista in full for any shift within the time stipulated on the Barista’s invoice will constitute a breach of these terms.
You agree that under your engagement with the Baristas, Baristas must not be engaged to work shifts of less than 5 hours or more than 8 consecutive hours.
Except through the ongoing use of our services, for a period of three months after a Barista performs any shift with you, you agree that the Café Partner will not: (a) employ or engage that Barista either as an employee or a contractor of the Café Partner; or (b) solicit, induce or encourage that Barista to cease their relationship with Need a Barista in any way. You acknowledge that any breach by you of this section would cause harm and damage to Need a Barista, and in the event of breach, we reserve the right to suspend or terminate your access to our platform, our website and/or our services. You acknowledge that the covenants contained in this section are fair and reasonable.
Promotions and guarantees
We may offer free trials from time to time at our discretion. Where applicable, free trial accounts will be terminated if you breach these terms or fail to pay any Booking Fees applicable to your usage prior to the end of your trial.
We may offer ‘money back guarantees’ from time to time at our discretion. Where we do so, we may refund your Booking Fee in the event you are not satisfied with the performance of a Barista who you have engaged through Need a Barista to undertake a shift for you. You must request a refund within five days after the relevant shift and provide us with details as to why you were not satisfied with the Barista. If we determine that the Barista you engaged through Need a Barista did not perform up to a satisfactory standard, we will refund you your Booking Fee. We will not provide more than two refunds in any six-month period.
If you are a Barista, this section applies to you and your use of Need a Barista.
You will only become a Barista after your application is approved by us.
You agree that any engagement by Café Partners is an engagement by them directly, and is a separate legal arrangement between you and the Café Partner, and not with us. You are free to agree to other conditions with the Café Partners, as long as those conditions comply with all relevant laws and are not inconsistent with these terms. If you are engaged to work a shift with a Café Partner, in addition to complying with any conditions you have agreed with your Café Partner, you must:
perform your work in a positive, diligent and professional manner according to any standards that normally apply to the provision of barista services; and
act in good faith in all dealings with the Café Partner and Need a Barista; and
not do anything that may be harmful to the reputation or interests of Need a Barista.
Without limiting the foregoing, you warrant that you possess and will deploy the specific skills and experience relevant to performing barista services.
Except through the ongoing use of our services, for a period of three months after you perform any shift with a Café Partner, you agree that you must not accept any position with that Café Partner either as an employee or a contractor. You acknowledge that any breach by you of this section would cause harm and damage to Need a Barista, and in the event of the breach, we reserve the right to suspend or terminate your access to our platform, our website and/or our services. You acknowledge that the covenants contained in this section are fair and reasonable.
We pride ourselves on providing our Baristas with flexibility however, no-shows and last-minute cancellations can prevent us from providing our Café Partners with the best possible service. You agree to give us no less than 24 hours’ notice before the commencement of your shift if you are unwilling or unable to attend that shift. We may terminate your access to our platform, our website and/or our services in the event you fail to report for more than one shift in any six-month period.
You agree that you must perform each shift personally. You must not subcontract or assign your performance of any shift.
Your conduct must not invite, directly or indirectly, any criticism of Need a Barista or any proceedings or actions against Need a Barista or bring into question the integrity or good reputation of Need a Barista, our platform, our website or our services.
Relationship between Café Partners and Baristas
You agree that any engagements between Café Partners and Baristas are separate legal arrangements between such Café Partners and Baristas, and we are not involved in such separate legal arrangements.
Any work performed by a Barista under any such engagement with a Café Partner will be as an independent contractor to the Café Partner, and again we are not involved in such engagement. The engagement of a Barista to undertake a shift does not create a relationship of principal and agent, employer and employee, partnership or joint venture between any Barista and a Café Partner, or more importantly, with us.
Each Barista will invoice the Café Partner for the number of hours worked on each shift at the set hourly rate. Following a shift, the Barista will provide the Café Partner with a tax invoice setting out the Barista’s name, the amount payable, GST payable, the Barista’s ABN and the hours worked. The Café Partner is solely responsible for paying the Barista the set hourly rate and all remuneration to which they may be entitled.
You acknowledge and agree that you are solely responsible for any relationship, agreement or arrangements between you and another user (whether they are a Barista or a Café Partner), and enter any transaction or dealings with another user at your own risk. Users accept liability for any decision made or action taken in reliance on any information contained or omitted from the website. We may facilitate the engagement between Café Partners and Baristas, but we are not a party to any agreement or arrangement entered into by or between users.
We are not responsible for resolving or dealing with any disputes, disagreements or matters in relation to any dealings between users (including, without limitation, disputes between Café Partners and Baristas regarding hours worked and invoices), and we are not obliged to be involved in such disputes, disagreements or matters in any way. If you have a dispute with one or more users, you release us (and our directors, employees, and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Outcomes and use
We have spent a significant amount of time developing and refining Need a Barista and are confident you will enjoy using Need a Barista and find it useful. However, we cannot promise or guarantee any specific outcomes from its use. We do not make any representations about the user experience, quality, or the outcomes of any interactions that are initiated via Need a Barista.
In Need a Barista, you may come across links or references to external merchants or suppliers. Please be aware that we do not make any promises about what they may supply to you. Therefore, any transactions you may have with these merchants are between you and those merchants, and we do not get involved. By accessing external website links to these merchants and other sites through Need a Barista, we do not promise that they are appropriate, that they work or that they are virus free.
Need a Barista may display ads to users which are delivered by advertising partners, who may set cookies. These cookies allow the ad server to recognise your computer each time they send you an online advertisement to compile non-personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
Changes to Need a Barista
We may change or improve Need a Barista at any time. For example, we may develop and distribute updates, enhancements or new features.
We may also stop making Need a Barista available or modify its availability in any way. We will always try to give you notice of any such changes in the availability of Need a Barista or certain features provided by Need a Barista before they take effect, although this may not always be possible.
We and our licensors (as applicable) own all intellectual property in relation to Need a Barista, including any updates, enhancements and new features we may provide.
We give you a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive license to use Need a Barista and any other software provided to you by us in relation to Need a Barista. This license is solely to enable you to use and enjoy Need a Barista as intended by us, and you may not copy, modify, distribute, sell or lease any part of our intellectual property.
We own all trademarks, branding, and logos contained in, or relating to, Need a Barista and you cannot use them for any purpose without our express written consent.
Ownership of user content
We may allow users to post, distribute or publish content on our platform. Users of Need a Barista retain ownership of the content and information that they post.
As a user of Need a Barista, you agree that you are solely responsible for any content or information that you post. We do not guarantee any confidentiality or security in relation to any content or information posted. We do not endorse or take any responsibility for any content posted by any user. We do not share or represent the views or opinions of users of Need a Barista.
You agree that you will only use Need a Barista for lawful purposes. If you send or post information on or using Need a Barista, you are responsible for anything you send or post. You must not send or post anything that is offensive, against the law or which we think is inappropriate.
We may remove from Need a Barista or refuse to display anything that we think is inappropriate in our absolute discretion.
Security and integrity
You must not violate the security of Need a Barista in any way. We may suspend or cancel your Need a Barista account or your access to Need a Barista if we suspect any security violation. We may also inform any law enforcement body of any suspected unauthorised or criminal activity. Examples of security violations include:
attempting to gain unauthorised access to any part of Need a Barista, servers or system infrastructure you were not intended to have access to;
use Need a Barista
in a way that was not intended by us;
attempting to reverse engineer Need a Barista
or any system or offering provided through Need a Barista;
interfering with or disrupting (or attempting to interfere or disrupt) any servers or networks connected to Need a Barista;
sending or storing any harmful code (including, for example, any computer virus, trojan, worm or other code that is harmful or disabling or which assists in or enables unauthorised access to or corruption of data); or
using any feature of Need a Barista
or any other means to send unsolicited commercial correspondence to other users.
Changes to and breaches of these terms
We may investigate any suspected non-compliance with, or breach of, any provision contained in these terms and conditions for any reason.
Need a Barista is a merely a platform intended to facilitate the interaction between Café Partners that require the work of a barista and Baristas who wish to work as a barista. Need a Barista is provided “as is” and “as available”. You acknowledge that any information available on or accessible through Need a Barista is intended to be general information only, and such information does not constitute professional advice.
While we take steps to ensure that Baristas are experienced and skilled baristas, we do not endorse, recommend or guarantee the quality of any work any Barista may perform for Café Partners. Likewise, we do not endorse or guarantee the safety or legality of the working conditions provided by any Café Partner, including with respect to any shift.
You acknowledge and agree that you are solely responsible for agreeing to enter into any agreement with another user for the provision or receipt of barista-related services via Need a Barista.
Although Need a Barista may require users to make certain warranties concerning the information they provide, we do not endorse any user, nor verify the accuracy of any such information that any user may provide via Need a Barista. Although we may conduct or implement the process of conducting background, police or other similar checks, we are not obliged to conduct such checks on any of its users and you must not assume that we have conducted such checks. You acknowledge and agree that you will exercise all due care and caution in entering into any agreement for the provision or receipt of barista-related services, and are solely responsible for such agreement.
As a user of Need a Barista, it is your sole responsibility to assess the accuracy of all opinions, advice, and other information provided or accessible via Need a Barista.
By accessing and using Need a Barista, you assume all risks associated with such access and use. You agree not to hold us responsible for things other users post or do.
Please note that as there are many factors beyond our control that may affect the performance or compatibility of Need a Barista with certain software or hardware, we cannot promise that your use of Need a Barista will be uninterrupted or error or defect free or that errors or defects in Need a Barista will be corrected. While we use reasonable measures to ensure the accuracy and currency of data and information on our website, we are not responsible for the data and information supplied to or by users or third parties. We make no guarantee that the data on Need a Barista is accurate or current.
To the maximum extent permitted by law, we (and our directors, employees, and agents) do not accept any liability for, and you agree to release us from any claim in relation to any loss, howsoever caused, suffered or incurred by you arising from your use of Need a Barista, your engagement of a Barista or your engagement by a Café Partner, as the case may be (including without limitation any consequential losses or damages) and any liability we owe is limited, to the maximum extent permitted by law, to the amount you paid to use Need a Barista, or (if we choose) us providing the service again.
Indemnity and release
You agree to indemnify, defend and hold us (and our directors, employees, and agents) harmless from and against all claims, liabilities, losses or expenses (including reasonable legal fees on a full indemnity basis) that arise from:
activity which you engage in with or through our platform, our website or our services;
any breach of these terms by you;
any breach of any rights of a third party by you;
any breach of any applicable law by you;
any transaction or other dealing between you and another person that arises from or through Need a Barista;
the engagement of a Barista (including without limitation the quality or adequacy of any work performed by that Barista);
the failure of any Barista to report to a shift; or
the safety or legality of any working conditions provided by a Café Partner.
We may suspend your access to our platform, our website and/or our services, or terminate our agreement with you and your access to our platform, our website and/or our services for any reason, including without limitation if we reasonably consider that you are in breach of any provision of these terms. We may, at our discretion, terminate our agreement with you and your access to all or part of our platform, our website and/or our services without the need to provide reasons.
Feedback and reporting misconduct
We encourage all users to report any misconduct experienced while using Need a Barista by contacting us.
If you have any questions about the terms or would like any further information, please contact us.