Terms & Conditions of Use
Welcome to Availery.
This website at www.availery.com is owned and operated by Availery Pty Ltd (613 376 926). Should you
continue to use this website, you are agreeing to comply with and be bound by the following terms and
you in connection with this website. Should you not agree with any of these terms and conditions, please
do not use our website.
The term ‘Availery Pty Ltd’ or ‘us’ or ‘our’ or ‘we’ refers to Availery Pty Ltd, the owner of the
website, whose ABN is 613 376 926, based in New South Wales. The term ‘you’ or ‘your’ refers to the
website user. ‘People’ users refers to independent persons using this platform to find work as either
employees, contractors, consultants or casual staff. ‘Client’ or ‘Project’ users refers to employer
companies, business, legal entites using this site to find and engage workers for projects.
Your use of this website is subject to the following terms and conditions.
Content & Cookies
The content of this website is for your general information and personal, non-commerical use only.
It is subject to change and modification, of immediate effect, without prior notice.
following personal information may be stored by us for use by us, our clients, users or other third
parties: names, contact details, employment history, skills, qualifications, sought rates, security
clearances, referees. You can disable your cookie settings in your own browser.
Site Authenticity & Behaviour
You agree to represent yourself, your skills, your experience, your services, opportunities and
offerings authentically, without intent to decieve or mislead in any way.
You agree to use the site for our intended purpose of connecting people with projects directly, and
will not use the information for commerical purposes such as, but not limited to, marketing
alternate services, data mining, screen scraping, lead generation, becoming an intermediary to
onsell any service or offering on this site. You will not use Availery for any purpose that is
unlawful or prohibited by any law or these terms and conditions.
You will not use Availery for any purpose that we believe, at our sole discretion, is unlawful,
malicious, dishonest, or done with intent to harm, decieve, harrass, solicit or otherwise
inconvenience any direct or third party user of the site. This includes, but is not limited to,
infringing copyrights, spreading computer viruses, spamming, obtaining confidential information,
circumventing probity, or actions that may disrupt or harm the reputation, service or platform of us
or any users or third party of the site in any way.
Recruitment Agencies found on this site will be considered in breech of both the direct engagement
spirit of the platform, as well as these express terms and conditions, and will be charged a
termination fee of not less than $1,000/day for every business day between their registration and
either the discovery or reporting of their presence on the site. This platform is for direct hire
and engagement, not for third party agents, on-hire labour companies or any sort of recruitment
You will not, and will not attempt to, extract, obtain, decompile, download or disassemble the
frontend, back-end or source code of Availery, probe our infrastruture, forge any TCP/IP packet
header, or otherwise act in any way that may disrupt, harm or jeopardise Availery or any of our
You will not, and will not attempt to, access, hack, share, export, extract, obtain or view any
information contained or hosted by Availery in any manner other than intended use. This includes
information in any onsite and offsite database, encrytped and/or hosted on servers or datacentres.
You agree to keep your username and password secure, and remain responsible and accountable for
activity performed when logged in. You may reset your password at any time. You agree to inform
Availery of any unauthorised, or suspected unauthorised, use of your account.
Availery can not guarantee that files available on the site for viewing or download are not free of
malcious software or viruses and recommends always using trusted anti-virus protection software.
Warranties & Guarantees
Using this site does not make you an employee, partner, joint venture, agent, representative,
spokesperson, shareholder, contractor, worker or colleague of Availery in any way. Availery is an
independent contractor. The People users of this site are indepenant. The Project users of this site
Availery does not provide any warranty or guarantee as to the performance, accuracy, timeliness,
completeness or suitability of the information and materials found or offered on this website for
any particular purpose. You hereby acknowledge that such information and materials may contain
mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest
extent permissible by law.
Your use of any information or materials on this website is entirely at your own risk, for which we
shall not be liable. It shall be your own responsibility to ensure that any products, services or
information available through this website meet your specific requirements.
Availery does not guarantee availability or engagement of employment to People users of this site.
Project employers are free to advertise and engage people to work on projects at their own
Availery does not guarantee availability or engagement of people users to project users of this
site. People users are free to accept or decline work on projects at their own discretion.
Copyrights, Intellectual Property & Trademarks
This website contains material which is owned by, or licensed to, us. This material includes, but is
not limited to, the content, design, images, layout, appearance, look and graphics of the website.
Any reproduction, distribution, transmittion, broadcast, display, upload or other unauthorised
sharing of the website’s material is prohibited other than in accordance with the copyright notice,
which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to us, are
acknowledged on the website.
Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
Third-Parties & Links
This website may include links to other websites which are not controlled by us. These links are
provided for your convenience to provide you with further information and recourse for your own
research. You acknowledge that they are used at your own risk. Links are not an endorsement or
recommendation of other websites. We have no control over the nature, content and availability of
those websites and will not be liable for any damages or loss resulting from any information or
service provided by any third party.
This website does not endorse, condone or in any way recommend users or third parties of this site,
and is not responsible for their information, content, actions or behaviour, a srepresented either
here or on other sites accessed through Availery or linked to either us or them in any way.
Indemnity & Limit of Liability
You indemnify Availery and all our directors, employees and representatives from and against all
damages, losses, claims, suits, demands, actions, liabilities, costs and expenses (including legal
costs and expenses on a full indemnity basis) resulting from your use of the website.
In no event will we be liable for any loss, damage, cost or expense including legal costs and
expenses (whether direct or indirect) incurred by you in connection with the use of this website.
Every effort is made to keep the website up and running smoothly. However, we take no responsibility
for, and will not be liable for, the website being temporarily unavailable due to technical issues
including those beyond our control; including, but not limited to, power outages, network speed,
data centre availability, hosting, connection issues or other digital interference in delivery of
Payments for use of Site
Availery is a platform-as-a-service operating through recurring subscription billing. To use this
site, both People and Project users have the option of a free account with basic functionality (a
“Private” account), or a paid account with greater functionality (a “Public” account).
You agree that access to the functionality of the “Public” account must be paid upfront and in
advance. We entrust the security of payment processing to our merchant partners, Pin Payments and
Chargeover, who comply with financial services industry standards.
You agree to pay the amount relevant to your selected package, plus the associated Goods & Service
You agree there are no refunds for periods of membership already passed. You agree not to seek
refunds retrospectively for any time period. No refunds will be available for any reason, for any
time in the past.
As we commit funds to the planting of trees on a schedule determined by a third party, if you seek a
refund for the balance of a membership that covers a future time period, we may, at our sole
discretion, calculate the time from the date of a committed tree planting. We will not, for example,
refund your membership fee should you not secure a project or person through the site for any reason
over any time period.
We can not un-plant a tree, nor will we seek to recover funds from our supported third party
environmental charities. We may, at our sole discreation, instead of any refund, propose a
nonfinancial work around to your reasoning for seeking any refunds. We are happy to receive
feedback, suggestions for future releases, input on changes to technology categories, etc, and wish
to work collaboratively with the user community on building and sustaining a useful platform.
Payment for Provision of Services
Availery is not an intermediary to any service engaged between the People and Project users of this
Availery does not change placement fees on permanent resources or margins on contractors. This site
is to facilitate direct engagement, in which the payment for People services rendered to Project
employers is direct and not billed through Availery in any way.
You agree that when engaging People through the site, or accepting Project work through the site,
each party will agree rates and terms up front, sign relevant contracts outlining each projects
scope of work, duration, payment terms, invoicing processes, insuranace and tax liabilities and
other relevant engagement parameters and enter into contractual agreements directly.
Your use of this website and any dispute arising out of your use of it is subject to the laws of New
South Wales, Australia.
Availery may, at our sole discretion, suspend or terminate your membership of this site if we
believe you have breeched any of the terms and conditions outlined here.
You may only use the website for lawful purposes and in a manner consistent with the nature and
purpose of the website.
These terms and conditions do not relate to your use of any product or service described on our
website unless otherwise agreed. You must refer to the individual contracts and warranty relevant to
any particular product or service.
These terms and conditions may be amended from time to time. Your continued use of our website
following any such amendments will be deemed to be confirmation that you accept those amendments.