Terms and Conditions
ELECTRICIANXCHANGE PTY LTD, ABN 90 623 004 795 (‘we’, ‘our’, ‘us’) owns and operates electricianXchange and the website www.electricianXchange.com.. The word "electricianXchange" is a registered Trademark of electricianXchange Pty Ltd. Unauthorized use is an infringement of copyrights, trademarks, or proprietary rights. Any unauthorised use constitutes an infringement of copyrights, trademarks, or proprietary rights and may result in legal action and financial penalties.
These Terms and Conditions govern the use of the www.electricianXchange.com Online Service ("the Service").
Please read this Agreement carefully. Your use of the Service will constitute your agreement to comply with these rules.
Normal usage of labour hire terms and what it actually means
Whilst this website for simplicity uses labour hire terminology from time to time, this labour sharing arrangement actually constitutes a temporary secondment arrangement. That is, the hiring-out entity is temporarily transferring existing employees to another business on the terms and conditions set out herein.
electricianXchangeR - a registered trademark
electricianXchange is a registered trademark (Registerd Trade Mark Number 1906189).
The website provides a range of services, which requires log on access.
A person may register as an individual subscriber on the site for the purpose of job search, receiving newsletters and job alerts. Upon registration, you will have a secure log on access including a password nominated by you.
This will be an Electrical Contracting company. Company Subscribers will require a Company Account. A log on will allow a Company Subscriber to "Post A Job" and “Second In Temp Labour" or “Second Out Temp Labour” related services at the prices stipulated.
“Subscriber” means all registered members of the Website, including members registered as a “company”, “corporation”, “body” (whether a body corporate or an unincorporated and includes for example an association), “partnership”, “joint venture”, “natural person”, “supplier”, “workers” and “advertisers”.
“Website” means this Website (www.electricianXchange.com) or any part of it.
Use of the Service by You
Individual: Your right to use the Service as an individual is personal to you. You may not authorise others to use the Service and you are responsible for your own use of the Service and for preventing unauthorised use by other persons.
Company: The Companies selected individuals who register on behalf of the company are responsible for their use of the Service and for preventing unauthorised use by other persons. Companies must ensure that user profiles are maintained and current.
Job Postings: Our overriding objective is to provide a credible and accurate source of information and employment opportunities for candidates. Advertised positions must represent a bona-fide vacancy.
Second In or Second Out: Our overriding objective is to allow an employer to second staff related resources and for employees to gain cross-training with more stable employment across various electrical contracting companies via their employer. An abuse of these terms may result in your expulsion from the site.
For both Individual and Company Subscribers: electricianXchange Pty Ltd owns all copyright and all other intellectual property rights on this site www.electricianXchange.com except that which is specifically provided and directly posted by job / labour subscribing Companies. electricianXchange welcomes the use of this site provided that you respect all copyright, trademark and other propriety notices contained in the content. We advise that you may not copy or display for redistribution to third parties or for commercial purposes any portion of this site without express permission, unless that information has been specifically provided and directly posted by your own Company.
We derive our information from individuals or a company which registers on our site.
While we will take all care; responsibility rests with the individuals or the company registering and posting the information at all times. This includes information about the resume from a job seeker's point of view or the job advertisement, the labour advertisements, the bids and the terms and conditions agreed to from an employers' point of view.
In using the site, you warrant that the content, material or information that you post or upload to the Website will not be fraudulent, defamatory and will not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person or any applicable law.
Where the content, material or information on this Website or any Linked Website contains opinions or judgments of third parties, we do not purport to endorse the contents of that opinion or advice, nor the accuracy or reliability of that opinion or advice.
Termination of Access
Access to this Website may be terminated at any time by us without notice.
Changes to Terms and Conditions
We may change these terms and conditions at any time. Each time you use the Service you are agreeing to the terms and conditions applicable at that time. We provide a link to these Terms and Conditions at the bottom of every page of the website. You agree to the terms and conditions as applicable at any time.
The laws of Australia apply to these Terms and Conditions. Any dispute with electricianXchange arising in relation to these Terms and Conditions will be resolved in accordance with Australian law with the jurisdiction of New South Wales prevailing.
From time to time, illegal job ads appear on Job Boards. electricianXchange endeavours to ensure that all employment opportunities published on our site are legitimate and remove content that is not in line with our Terms and Conditions. If you have any concerns about any content published on this site, contact us on 1300 353 364 immediately.
Company Access and Services
This section only applies to companies - not the individual job seeker.
The information posted by Companies remains the property of the industry representative and electricianXchange takes no responsibility for content.
Only appointed and authorised persons may register and post information on behalf of an organisation / company.
electricianXchange reserves the right to reject or remove a registration or information if either is deemed fraudulent, misleading or inappropriate. Job Posts are captured at the administration back-end of the site upon posting. Any job posts breaching the law or discriminating in any way will be removed immediately from the backend. The Company posting such illegal or discriminatory information may be banned from using the site. As a registered user, you take responsibility for ensuring the integrity of the data provided.
Published information on the Job Board
This section only applies to companies - not the individual job seeker.
Any unrelated hyperlinks; misleading, repeated keywords, or keywords that are irrelevant to the job opportunity, or “hidden keywords” will be removed immediately and the person or company responsible for this may be banned for an indeterminate period of time.
Jobs published on the site must represent a bona-fide employment opportunity. They must not reference or provide links to other Job Boards, other than your own organisation’s Career Page.
As an authorised registered Company, you are responsible for the content of any information that you post, including hyperlinks to your own Website(s).
Your account will require an Administrator as the designated person to manage the account as the primary contact.
Specific Second Out / Second In Terms
This section only applies to companies - not the individual job seeker.
Companies who use electricianXchange for labour seconding purposes accept and agree to the following terms:
This section of the web site is to be used to second out or second in excess labour / required labour, with the intention of benefiting employers and labour both.
Employers benefit through seconding labour during peaks and troughs each employer faces through the year. Labour benefit from continuing to be employed during lean times their employer faces, while being cross-trained at another entity. Entities needing staff benefit from potentially seconding in labour at negotiated rates – with the market discount to reduce the rate being borne by the employer seconding out the staff and not borne by the staff undertaking the work. This is a crucial point of the electricianXchange Second Out / Second In module. It provides an employer with excess staff who they wish to retain a chance to get some salary recovery by having them work elsewhere.
All the labour secondment in and secondment out will be done at arm’s length via the web site, with the site bringing together employers with excess staff and entities needing staff for what would be short term hires.
By proceeding to use the site you are agreeing to have entered into a commercial agreement to second labour for a limited period and that the arrangement does not constitute an employment or individual contractor arrangement or the like. Any relevant employee of the Seconding Out Employer shall be on loan to the Seconding In entity for work to be done at the Seconding In entity's direction for the periods agreed upon, subject to the following further conditions:
Labour related fees charged by electricianXchangeR
There are two levels of fees charged by electricianXchange to Seconding out employers / Seconding out entities.
There will be an initial fee, for placing the labour secondment in or labour secondment out advertisements.
This is a fee inclusive of GST based on a percentage of the sliding scale of the total labour value and will be clearly displayed on the website before it being charged via credit card payment.
This needs to be paid by the employers placing the labour ads.
Upon the labour secondment out / labour secondment in advertisement being placed, this will be notified to other entities for bids to be placed.
Bids for the labour need, can then be placed by other entities via the web site.
Personal details of the employers and entities will not be displayed until agreement is reached.
Upon agreement being reached between two willing parties for the labour advertised, a commission as a percent of the labour cost will also need to be paid to electricianXchange via credit card before details of the other employer / entity are made available.
Before a bid is made by an employer / entity, the following information will be made available to facilitate a decision being made about whether the employer with the need should go ahead or not:
What’s important for both the employer and the entity is the fact that even though the two will not know each other while they are bidding for the staff between themselves, they can be assured that the staff they are taking on will be at an industry acceptable level through the agreement both parties enter into before bids can proceed.
Staff being seconded out or seconded in MUST always be paid whatever they were being paid before this Labour Secondment In or Labour Secondment Out arrangements eventuated. Any entity seen paying their staff at less than enterprise wage levels will be permanently barred from using the website.
The labour numbers and the discount can be negotiated and counter-negotiated multiple times at no additional cost until agreement is reached between two bidding entities.
This will be done between the employer and the entity at arms length through the web site.
Upon agreement being reached between two companies, a commission will then be charged by electricianXchange to the initiating company (Labour Secondment In or Labour Secondment Out) and a flat fee charged to the bidding company before personal details are released for the two companies to liaise with each other to second in or second out the labour at agreed variables and terms.
We are not required to provide a refund if you change your mind.
But you can choose a refund if a menu item within the site has a major problem. This is when the item within the website:
If the problem is not major, we will rectify the web site and provide you with a part or complete refund of the item affected and purchased by you.
To take advantage of the above, please keep a proof of your purchase - such as your invoice received.
If you have any queries regarding the Service provided, contact us at email@example.com or call us on 1300 353 364. If you prefer to mail items by post please do so at 13 Waterfall Avenue, Forestville, NSW 2087.
LAST REVISED: 18/10/2017
We manage personal information in accordance with the Privacy Act 1988 and Australian Privacy Principles. This policy applies to information collected by electricianXchange via the website www.electricianXchange.com here from referred to as “Company”.
We only collect information that is reasonably necessary for the proper performance of our activities or functions. We do not collect personal information just because we think it could be useful at some future stage if we have no present need for it. We may decline to collect unsolicited personal information from or about you and take steps to purge it from our systems. By following the links in this document, you will be able to find out how we manage your personal information as an APP Entity under the Australian Privacy Principles (APPs).
If you have any questions please contact us on Toll free: 1300 353 364.
2. WHAT INFORMATION DO WE COLLECT?
Company collects the personal information needed to provide Company Services and for our business operations. If you choose not to provide certain personal information to us, we may not be able to provide you with the services you require. The following are the main types of personal information collected by Company and the main purposes for which they are collected.
Registration Information is the information you provide to Company in the course of registering for a Company Service, for example, to create an account, become a subscriber, become an advertiser, post comments or receive a newsletter. Registration Information may include, for example, name, email address and contact numbers. It includes additional information which you provide to Company in the course of that relationship.
Activity Information – cookies and other technologies. When you access and interact with the Company Services, we may collect certain information about those visits. For example, in order to permit your connection to the Company Services, our servers receive and record information about your computer, device, and browser, including potentially your IP address, browser type, and other software or hardware information. If you access the Company Services from a mobile or other device, we may collect a unique device identifier assigned to that device, geolocation data, or other transactional information from that device.
Cookies and other tracking technologies (such as browser cookies and local storage, pixel beacons, and Adobe Flash technology including cookies) are comprised of small bits of data or code that often include a de-identified or anonymous unique identifier. Websites, apps and other services send this data to your browser when you first request a web page and then store the data on your computer so that such websites, apps and other services can access information when you make subsequent requests for pages from that service.
Third parties that support the Company Services by serving advertisements or providing services, such as allowing you to share content or tracking aggregate Company Services usage statistics, may also use these technologies to collect similar information. Company does not control these third-party technologies and their use is governed by the privacy policies of those third parties using such technologies.
Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information. Users can manage the use of Flash technologies, with the Flash management tools available at Adobe’s website. Please note that by blocking any or all cookies you may not have access to certain features, content or personalization available through the Company Services.
Information from Other Sources. We may supplement the information we collect with information from other sources, such as commercially available sources and data providers.
3. HOW DO WE USE YOUR INFORMATION?
We use the information we collect from and about you to provide the Company Services and features to you, including: to measure and improve those Company Services and features; to improve your experience with both online and off-line Company Services by delivering content Company believes you are likely to find relevant and interesting; to provide you with customer support and to respond to inquiries. When you are not reasonably identifiable in relation to the information collected from or about you, we may use that information for any purpose or share it with third parties. We may also de-identify the information we collect about you so that we can use and disclose it without using or revealing any personal information about you.
We use the information we collect from and about you for these additional purposes:
To provide Company Services to you. Company will use your information to provide Company Services to you, to fulfil administrative functions associated with these services (for example billing, credit and account management). We may also use your information to improve Company Services including through research and data analysis by us and our service providers. We may use and disclose your personal information in other ways expressly disclosed at the point of collection.
To deliver relevant advertisements and content. Company and our advertisers may use the information we collect from and about you to deliver relevant ads and content to you when you use the Company Services.
To contact you. Company may periodically send promotional materials or notifications which it believes might be of interest to you. Promotional materials may include invitations to participate in various activities (such as customer surveys) or special offers.
4. HOW DO WE PROTECT YOUR INFORMATION?
Company uses commercially reasonable administrative, technical, personnel to safeguard information in its possession against loss, theft and unauthorized use, disclosure or modification. However, no one can guarantee the complete safety of your information.
5. HOW CAN YOU ACCESS YOUR INFORMATION?
If you would like to access, review, correct or update your personal information, you may contact us as outlined in section 7 of this policy. In your request, please include your email address, name, address, and telephone number and specify clearly what information you would like to access, review, correct or update. We will try to respond to your request as soon as reasonably practicable. If we deny access in any circumstances we will generally tell you why.
6. HOW CAN YOU OPT OUT?
If you want to stop receiving promotional materials, you can change your account settings or follow the unsubscribe instructions at the bottom of each email.
If you need any assistance with changing your account settings or deactivating your account, please contact Company via details listed in section 8.
7. OTHER IMPORTANT INFORMATION FOR YOU
Location of Data. Some of the Company Services are hosted in and managed outside of Australia and in dealing with Company, you consent to having any personal information accessible from or transmitted outside of Australia.
Remember that even after you cancel your account, copies of some information from your account may remain viewable in some circumstances where, for example, you have shared information with social media or other services. Because of the nature of caching technology, your account may not be instantly inaccessible to others. We may also retain backup information related to your account on our servers for some time after cancelation for fraud detection or to comply with applicable law or our internal security or other policies. We do not always completely remove or delete all of your information for a number of reasons including due to technical and systems constraints, contractual, financial or legal requirements.
Complaint. If you think we have breached the Privacy Act or other applicable privacy laws, you may complain to us by contacting us as outlined in section 8 below. When you contact us, please include your email address, name, address, and telephone number and clearly describe your complaint. We will need to share your information with others who can assist in responding to your complaint. We will respond to your complaint as soon as reasonably practicable and in any event within 5 business days, by making contact with you to inform you whether we have accepted your complaint, need further information or do not think we are in breach. We will also let you know the next steps in resolving your complaint. If you are not satisfied with our response to your complaint, or at any time, you may refer your complaint to the Office of the Australian Information Commissioner (www.oaic.gov.au).
8. HOW YOU CAN CONTACT US
Telephone: 1300 353 364