Terms & Conditions
Here are our terms and conditions (“Terms”). Contact us via email@example.com if you have any other questions. Thanks for connecting.
RIBIT is a software platform made available by Data61 over the web. Access to Ribit is offered as a service which enables students and employers to contact each other and to explore employment opportunities.
National ICT Australia Limited ABN 62 102 206 173 (“Data61”, “we” or “us”) is an Australian company which operates under the business name “Data61” in conjunction with CSIRO. Data61 operates the online software platform called “Ribit” or “The Ribit Platform” (accessible at https://ribit.net). The Ribit Platform allows students and business people (in either case, referred to as “User” or “You”) to connect with each other to explore employment opportunities.
BY SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS IN THE COMMAND LINE (“I Agree”), OR BY DOWNLOADING, INSTALLING, USING OR ACCESSING THE RIBIT PLATFORM AND ASSOCIATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, THEN DO NOT DOWNLOAD, INSTALL, USE OR ACCESS THE RIBIT PLATFORM AND ASSOCIATED SERVICES.
By registering to use Ribit you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using Ribit. Use of the Ribit Platform confirms that You agree to be bound by the Terms of this Agreement.
When You click “I Agree”, You are deemed to have agreed to these Terms on behalf of any entity for whom you use Ribit.
These Terms were last updated on 22 January 2016.
- SCOPE OF Data61’S SERVICE
- The scope of Data61 Services is to provide and maintain the Ribit Platform and its inherent functionality as a service for Users. An employer who has a job that they need filled, or who needs a particular task performed is referred to as a “Job Poster”. A Students who is willing and qualified to do the job or perform the task is referred to as a “Student Worker”.
- A reference to “User” in this agreement includes a Job Poster, a Student Worker and any other person that visits or views the Ribit Platform or relies upon the information collected within the Ribit Platform with the permission of Data61, whether they have registered on the Ribit Platform or not.
- A User creates an account with Data61 when they validly complete a registration form on the Ribit Platform. Account details (including Your name and contact details) may be visible to other Users. It is intended that a Job Poster can see the account details of a Student Worker and a Student Worker can see the account details of a Job Poster. In general, it is not intended that:
- A Job Poster can see account details of another Job Poster; and
- A Student can see account details of another Student.
- Apart from making available the account details of a Job Poster to a Student Worker, (which is the purpose of the Ribit Platform) Data61 accepts no liability for any aspect of the Users’ relationship or interaction, including but not limited to the terms upon which the Users may decide to conduct their relationship. Data61 has no obligation to any User to assist or involve itself in any way in any dispute between them.
- All information related to a job or a task to be performed or the qualifications or experience of a User is supplied by the User. Data61 does not have any ability or responsibility to pre-screen, review, approve or verify any information provided on the Ribit Platform. If Data61 forms the opinion that dishonest, misleading or disputed information has been provided by a User, then it reserves the right to remove that information and to suspend or terminate a User’s account without notice.
- You expressly agree that Data61 has no responsibility and makes no warranty to You as to the truth or accuracy of any information posted by a User on the Ribit Platform or in any other communications between Users. This includes any representations about:
- the true identity of the User; or
- the skills, ability or qualifications of a Student Worker; or
- the work conditions associated with a job or task; or
- a Job Poster’s ability to pay the Student Worker.
- Data61 SERVICE: HOW IT WORKS
- Data61’s Services may be reviewed and updated from time to time. In addition to the elements described below, certain portion(s) of the Data61 Service may be separately described on the Ribit Platform. The Data61 Service may change in the future.
- A Job Poster creates an account with Data61 and posts an accurate and complete description of
- the job or task;
- the payment; and
- other relevant terms offered to the Student Worker.
- This is called the “Posted Opportunity”. Posted Opportunities are subject to further terms set out for Posting Tasks and Making Offers below.
- A Student Worker creates an account with Data61 and reviews Posted Opportunities.
- A Student Worker may make an offer in response to the Posted Opportunity (“Offer”). By making an Offer the Student Worker confirms that s/he is legally entitled to, and capable of supplying, the services described in the Posted Opportunity. Offers are subject to further terms set out for Posting Tasks and Making Offers below.
- If the Job Poster accepts a Student Worker’s Offer, the Job Poster will signify their acceptance by using the functionality on the Ribit Platform.
- Once a Job Poster has accepted an Offer then the Job Poster and the Student Worker will be deemed, as between each other, to have entered into a separate contract (“Work Contract”) on the terms described in the Posted Opportunity and the Offer.
- It will be material breach of this Agreement by the party in default if a party breaches the terms of their Work Contract.
- A Job Poster may choose not to accept any Offer received. A Job Poster may withdraw any Posted Opportunity at any time prior to accepting an Offer.
- A Student Worker has no obligation whatsoever to make an Offer in response to a Posted Opportunity.
- Without limitation to any other term of this Agreement, Data61 reserves the right to add to, remove or modify any aspect, tool, or functionality of the Data61 Services (including the Ribit Platform) at any time without notice to Users and without compensation.
- POSTING TASKS AND MAKING OFFERS
- A Posted Opportunity must include all of the required details in order to be accepted by Data61 onto the Ribit Platform. Data61 reserves the right to remove or edit (in whole or in part) the details of any Posted Opportunity in whole or in part if it believes the required details are inadequate, incomprehensible or misleading in any way. If we make changes to a Posted Opportunity we will make reasonable efforts to notify the Job Poster if we believe that our changes are substantive.
- You must have the legal right to use and post any content that You post as part of a Posted Opportunity or an Offer. Data61 may, in its sole discretion, remove any Posted Opportunity or Offer for any reason.
- If a User wishes to complain about any content or comment appearing on the Ribit Platform, please contact Data61 using feedback link provided in clause 15.4. Data61 will not tolerate unacceptable content and may, in its sole and absolute discretion, remove any content at any time without notice to a User.
- THIRD PARTY SERVICES
- Data61 may from time to time include on the Ribit Platform promotions for and links to services offered by third parties (“Third Party Services”) which are not provided by Data61.
- Third Party Services are offered to You pursuant to terms and conditions offered by the third party. Third Party Services may be promoted on the Ribit Platform for the convenience to our Users who may find the Third Party Services of interest or of use.
- If You engage with any Third Party Service provider your agreement will be directly between You and that Third Party Service provider. Data61 does not require you to engage with or respond to any Third Party Service provider.
- Data61 makes no representation or warranty as to the Third Party Services. To help us continue to improve our Ribit Platform, please let us know of any issue that You experience using a Third Party Service by contacting us at firstname.lastname@example.org.
- Data61 reserves the right to add or to cease the availability of Third Party Services at any time, without notice to You.
- IDENTITY VERIFICATION (AUTHENTICATION)
- Data61 may include tools to help Users to verify the identity of other Users (“Identity Verification Services”). These tools may include mobile phone verification technology, Student Worker university email account verification, an “Endorsement” feature (allowing a User to endorse the skills or abilities of a User on the Ribit Platform), and integration with social networking sites such as Facebook, Twitter and LinkedIn.
- You agree that Identity Verification Services may not be fully accurate and may be unreliable because they are dependent on User-supplied information. If you rely upon the Identity Verification Services then that is entirely at Your own risk.
- ELIGIBILITY TO REGISTER
- While You are registered on the Ribit Platform You must maintain control of your Ribit account. You may not deal with your account (including feedback and associated User ID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
- At its absolute discretion, Data61 may refuse to allow any person to register or create an account on the Ribit Platform or cancel or suspend any existing account.
- USER’S OBLIGATIONS
- You agree that at all times:
- You will comply with this Agreement and all applicable laws and regulations;
- You will post only accurate information which you know to be true on the Ribit Platform; You will not post information which is misleading or deceptive to the Ribit Platform;
- all content (whether provided by Data61, a User or a third party) on the Ribit Platform may not be copied from the Ribit Platform for re-distribution, use on third party sites or for other business purposes without Data61’s prior written permission.
- You will ensure that You are aware of any laws that apply to You as a Job Poster or a Student Worker, or in relation to any other way(s) that You use the Ribit Platform.
- You must not use the Ribit Platform for any illegal or immoral purpose.
- You grant to Data61 an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted by You on the Ribit Platform for the purpose of including that material and information on the Ribit Platform and as otherwise may be required to provide the Data61 Service, for the general promotion of the Data61 Service, and as permitted by this Agreement.
- You must not post to the Ribit Platform any information or other content which is actually or potentially harmful to Data61 or any other person. “Harm” includes, but is not limited to, economic loss that could be suffered by Data61. Without limiting any provision of this Agreement, any information You supply to Data61 must be up to date and kept up to date and must not:
- be false, inaccurate or misleading or deceptive;
- be fraudulent, or involve the sale of counterfeit or stolen items or unlawful services;
- infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
- violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, and antidiscrimination laws);
- be defamatory, libellous, threatening or harassing;
- be obscene or contain any material that, in Data61’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
- contain any malicious software code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Ribit Platform, or any computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
- A Job Poster must have the right to provide their services under a Work Contract and to work in Australia. Users must comply with their respective tax obligations in relation to any payment made or received under a Work Contract.
- When You enter into a Work Contract with another User You should assume that you are creating a legally binding contract with that User, unless the transaction is prohibited by law or by this Agreement. Data61 is not a party to that Work Contract. If You do not comply with your obligations to another User under a Work Contract, You may become liable to that other User. If another User breaches any obligation to You, You – not Data61 – are responsible for enforcing any rights that You may have with that User.
- Users are solely responsible to understand and ensure that they comply with all applicable employment laws, regulations, industrial awards, enterprise bargaining agreements or similar workplace laws. In particular, You, not Data61, are responsible for ensuring that your conduct arising from Your use of the Ribit Platform including, without limitation, entering into and conducting any Work Contract, is compliant with Your obligations under the Fair Work Act (CW) and the Fair Work Regulations, Australia’s immigration laws, autonomous sanctions and export control regimes, and all other applicable laws of the Commonwealth of Australia, a state or territory, or a local government authority.
- You agree that at all times:
Registering and creating an account on the RIBIT Platform is free. There is no charge for a Job Poster to create a listing as a Posted Opportunity, or for other Users to review content on the Ribit Platform, including a Posted Opportunity. All Users must be registered and must consent to these Terms and Conditions
- LIMITATION OF LIABILITY
The Ribit Platform and the Data61 Services are provided on an “as is” basis. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (“Non-excludable Condition”), to the extent permitted by law Data61 specifically disclaims all liability to a User for any loss or damage (whether actual, special, direct, indirect or consequential) of every kind and nature, (including, without limitation, loss or damage relating to inaccuracy of information, or the lack of fitness for purpose of any goods or service supplied, or infringement of any third party’s intellectual property rights), arising out of or in any way connected with use of the Ribit Platform, provision of the Data61 Services, or any transaction between You and another User or between You and any Third Party Service Provider.
- DEFAULT IN TRANSACTIONS
If You fail to complete a transaction (including a Work Contract) and You do not have a lawful and reasonable excuse for such failure then, in addition to and without limitation of Data61’s other rights under this Agreement, Data61 may suspend (temporarily or indefinitely) or terminate Your account on the Ribit Platform at any time and without notice to you.
- Data61 may provide the Data61 Services from any locations, and/or through the use of contractors, worldwide. Some Users may be located outside Australia and therefore a User’s personal information may be disclosed to another User who is outside Australia.
- MODIFICATIONS TO THE AGREEMENT
- Data61 may change or modify this Agreement and/ or any related policy (and update the Data61 pages on which they are displayed) from time to time. You should check the website regularly. Changes or modifications will be notified either by email to you or when you login.
- If You do not agree with any changes to this Agreement (or any of our policies), You must terminate your Data61 account and stop using the Data61 Services and the Ribit Platform.
- NO AGENCY
- No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement, whether between Data61 and a User, or between Users. Users are exclusively responsible for negotiating the terms and entering into their own Work Contract (to which Data61 is not a party) relating to any Posted Opportunity.
- Data61 advises You that any Third Party Service which may be promoted on the RIBIT Platform is provided by that Third Party Service provider and not by Data61. Third Party Services are subject to Third Party Service provider’s terms and conditions. To the extent permitted by law, Data61 specifically disclaims all liability for any loss or damage incurred by You, arising from the performance or non-performance of a Third Party Service.
- Any notice to a User from Data61 shall be given either:
- By email addressed to the User’s contact email address as provided by the User at registration; or
- Brought to Your attention when You log in to the Ribit Platform.
- Any notice shall be deemed given and received 24 hours after the email is sent, or immediately upon log in, in the case of notices brought to your attention at log in. You are solely responsible to update and maintain your current contact details (email address) on the Ribit Platform.
- Any notice to a User from Data61 shall be given either:
- MEDIATION AND DISPUTE RESOLUTION
- In the event of a dispute between Users, Data61 encourages You to try and resolve disputes (including claims for returns or refunds) with each other directly. Accordingly, You acknowledge and consent that Data61 may, in its absolute discretion, provide such of Your information as it decides is relevant and suitable to other Users involved in a dispute.
- A dispute between a User and anyThird Party Service provider must proceed according to any dispute resolution process set out in the terms of service of the Third Party Service Provider.
- If Data61 provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used by You only for the limited purpose of resolving the dispute (and no other purpose) and that you indemnify Data61 against any claims relating to any other use of that information, which is not permitted by this Agreement.
- If You have a complaint about the Data61 Service please contact us at email@example.com.
- Data61 reserves the unfettered right to suspend or terminate the account of a User who is involved in a dispute with Data61 or with another User while the dispute is unresolved to the satisfaction of Data61.
- Either party may terminate an account and this Agreement at any time for any reason.
- Termination of this Agreement does not affect any Work Contract that has been formed between Users. If You have entered into a Work Contract You are responsible to comply with the terms of that Work Contract, regardless of the status of your User account..
- This Agreement is governed by the laws of New South Wales, Australia. You and Data61 submit to the exclusive jurisdiction of the courts located in Sydney, New South Wales, Australia.
- The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
- This Agreement may be assigned or novated by Data61 to a third party without your consent. In the event of an assignment or novation You will remain bound by this Agreement.
- This Agreement sets out the entire understanding and agreement between You and Data61 with respect to its subject matter.
Revised 22 January 2016
Version Number: 5
© National ICT Australia Limited (Data61) 2015