Shearer Terms and Conditions

Parties

This Agreement is between –

• Find My Crew Pty Ltd ABN [xxxxxxxx] trading as Find My Crew (Find My Crew); and
• the Shearer who has signed up to the Find My Crew Platform in accordance with this Agreement (Shearer);

each a Party and together the Parties.

Nothing in these terms limit Shearer’s rights under the Australian Consumer Law.

About this Agreement

Find My Crew Platform means the online Web App, where Growers build shearing contract estimates and Shearers are connected to fill shearing contracts by Find My Crew.

Term of Agreement

1. This Agreement commences when Shearer accepts these terms and conditions by clicking “I accept” or registering on the Find My Crew Platform, and continues until terminated in accordance with this Agreement. By accepting this Agreement, Shearer acknowledges that it has read, understands and agrees to comply with the terms of this Agreement.

FIND MY CREW PLATFORM 

The following clauses apply to the use of the Find My Crew Platform Services:

Relationship of the parties

1. The Shearer acknowledges and agrees that –
   1. they are independent of Find My Crew and are not an agent, employee, contractor or subcontractor of Find My Crew;
   2. the Find My Crew platform is the conduit between Shearers and Growers. Find My Crew provides the platform to users (including hosting and maintaining the platform), utilise marketing strategies to gain potential Grower shearing contracts, and process payments between Growers and Shearers (together the Find My Crew Platform Services);
   3. Find My Crew is not liable or responsible for the conduct, acts or omissions of Shearers or Growers;
   4. the Shearer retains the right to use other services to provide shearing services and to engage in any occupation or other business;
   5. Find My Crew does not check or carry out searches or due diligence on Growers. Shearers are always responsible for and obliged to take all reasonable precautions in relation to their personal safety and security and Find My Crew is not responsible or liable for any physical, mental or emotional loss, claim, harm or damage suffered as a result or in connection with, or as a consequence of, accepting (or refusing to accept), or taking on a shearing job.

Warranties by Shearer

1. The Shearer warrants that they have done all of the following –
   1. complied with all requirements in their state or territory of operation to become a fully qualified Shearer;
   2. they have no health or medical issues that may prevent them from being fit to shear;

Shearer’s Use of Find My Crew Platform

1. The Shearer agrees –
   1. they are required to have a username and password to access and use the Find My Crew website;
   2. that they will not divulge their username or password to anyone or allow others to use it on their behalf;
   3. that they will only use the Find My Crew website for its intended purpose;
   4. the information they have provided is current, true and correct;
   5. to amend their details whenever their circumstances change as a matter of priority;
   6. not to use the Find My Crew platform for any illicit purposes including to disseminate hate speech or similar views; and
   7. not to use the Find My Crew platform to promote any third parties.

Fidelity

1. The Shearer agrees:
   1. not to take payments from Growers through any other means other than through the Find My Crew Platform;
   2. not to do any acts or omit to do things that damage or may damage the reputation of Find My Crew.
2. The Shearer agrees that a breach of clause 5 will result in immediate termination of the Agreement pursuant to clause 18, and removal from the Find My Crew web app and platform.

Policies

1. The Shearer warrants that they have read and understood the following documents –
   1. The Find My Crew Shearer Code of Conduct;
   2. the Payment Policy;
   3. the Find My Crew Privacy Policy; and
   4. the Find My Crew Policies and Procedures that may be provided to Shearers from time to time.
2. The Shearer further warrants that they agree to the Policies and agree to any amendments as made from time to time. The parties agree that all Policies and subsequent amendments are binding on the parties. Links to the Policies can be found in the Schedule to this document.

Quality Assurance

1. The Shearer acknowledges and agrees that –
   1. Find My Crew is dedicated to providing shearing jobs and providing services that allow Growers to build shearing contracts online for Shearers on the Find My Crew Platform to fill;
   2. Find My Crew maintains and expects only the highest quality of services from Shearers;
   3. Find My Crew relies on its reputation with Learner Drivers to secure word of mouth sales and to generate customers and bookings; and
   4. the Shearer must adhere to and comply with all standards determined by Find My Crew in carrying out its services, as set out in, but not limited to, clause 10. below.
2. The Shearer agrees –
   1. to be respectful to Growers and shearing crew;
   2. to punctual when on a shearing job;
   3. to be professional and deliver a high quality speedy shearing service; 
   4. not to take or accept shearing payments directly from Growers.
3. If the Shearer receives poor feedback from Grower whether based on a failure to comply with clause 10 or otherwise, Find My Crew may at its sole and absolute discretion immediately terminate the Shearer with Find My Crew pursuant to clause 17.3.

Insurance

1. The Shearer is solely and absolutely responsible for holding and maintaining the insurance set out in this clause 12, and further warrants that they –
   1. hold the appropriate levels of public liability;
   2. will inform Find My Crew when any form of insurance lapses;

Tax Compliance

1. Shearers agree to comply with all Australian tax requirements including paying any applicable GST if transacting through the Find My Crew or associated websites. In particular, Shearers acknowledge that they will be required to charge and remit GST on taxable supplies if they are registered or are required to be registered for GST in accordance with the A New Tax System (Goods and Services Tax Act) 1999 (Cth) as interpreted by the binding rulings published by the Federal Commissioner of Taxation from time to time, and Shearers are responsible for paying this.

Shearer Payment Terms

1. Find My Crew will forward all Grower shearing payments to Shearers
2. Find My Crew will provide to the Shearers an invoice for each payment, setting out the following for each lesson –
   1. Number of sheep shorn;
   2. price per sheep;
   3. Service Fees deducted;
   4. Payout Processing Fees deducted;
   5. Monthly Account Fees deducted; and
   6. GST.
3. Find My Crew may amend the rate of the Service fee, the Payout Processing Fee, or the Monthly Account Fee on 30 days’ notice to the Shearer.  The revised fees will then from that time be deemed to take effect automatically.

Events of Termination

1. Find My Crew may, in its discretion, restrict, suspend or cancel a Shearer’s registration upon providing Written Notice under the following circumstances –
   1. where a Shearers breaches this Agreement;
   2. where a Shearers has committed an offence, including where the Shearers has been charged with or has been convicted of a criminal offence;
   3. where the Shearers receive poor feedback or accumulate a poor rating as determined by Find My Crew.

1. If a Shearer’s failure to perform their obligations under this Agreement is not rectified within 7 days, Find My Crew may restrict, suspend or cancel a Shearer’s registration on the Find My Crew website without giving notice to the Shearers.
2. Find My Crew will remove the ability for a Shearer to receive shearing jobs immediately when any form of documentation or insurance certificate of currency that Find My Crew has in its records expires and the Shearer has not provided a new / current document or certificate of currency.
3. A Shearers may terminate this Agreement by de-registering their account on the Find My Crew website and platform, in which event the Shearers agrees –
   1. that all Shearers data and information will be retained by Find My Crew for an indefinite period unless that Shearers expressly requests that Find My Crew permanently delete their data and information.

Termination

1. A Shearer may terminate this Agreement by de-registering their account on the Find My Crew website and platform.
2. Find My Crew may terminate this Agreement at any time by giving 30 days written notice to the Shearer.
3. Find My Crew may terminate this Agreement at any time with written notice to a Shearer where the Shearer has breached a material term of this Agreement that has not been remedied within 5 Business Days.
4. On termination, Find My Crew will pay Shearer for any outstanding shearing payments.
5. This clause will survive termination or expiry of this Agreement.

GENERAL

Australian Consumer Law

1. Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer Shearer with rights, warranties, guarantees and remedies relating to the provision of the Find My Crew Platform Services by Find My Crew to Shearer which cannot be excluded, restricted or modified (Consumer Law Rights).
2. If the ACL applies to Shearer as a consumer, nothing in these Terms excludes Shearer’s Consumer Law Rights as a consumer under the ACL. Shearer agrees that Find My Crew’s Liability for the Find My Crew Platform Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.
3. Subject to Shearer Consumer Law Rights, Find My Crew excludes all express and implied warranties, and all material, work and services are provided to Shearer without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
4. This clause will survive the termination or expiry of this Agreement.

Liability

1. Despite anything to the contrary, and to the maximum extent permitted by law:
   1. Shearer agrees to indemnify Find My Crew, and hold Find My Crew harmless, for any Liability Find My Crew incurs due to Shearer’s breach of this Agreement;
   2. neither Party will be responsible for Consequential Loss;
   3. each Party’s liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
   4. Find My Crew’s aggregate liability for any Liability arising from or in connection with this Agreement will be limited to Find My Crew resupplying the Find My Crew Platform to Shearer.
2. This clause will survive termination or expiry of this Agreement.

Indemnity

1. Shearer agrees to indemnify and protect Find My Crew against any actions, damages, claims, demands, prosecutions, fines and penalties including through negligence which occur as a result or in relation to their actions as a Shearer.
2. Clause 32 survives termination of the Agreement.

Privacy

1. Find My Crew and Shearer agree to adhere to the Australian Privacy Principles from time to time in force (if applicable).
2. Shearer agrees to Find My Crew using Shearer information and personal data for marketing purposes.
3. Shearer may obtain access to personal information that Find My Crew have on record by sending a request to tom@Find My Crew.com.au. By entering into this Agreement Shearer acknowledges that they have read the Privacy Policy and agree to the Find My Crew Privacy Policy as amended from time to time.

Intellectual Property

1. The Shearer agrees that all intellectual property and copyright rights over or in connection with Find My Crew Platform, Website, products and resources are owned by Find My Crew exclusively.

Force Majeure

1. Neither Find My Crew or Shearer are liable to the other or considered to be in default under this Agreement if and to the extent that such party’s performance of this Agreement is delayed or prevented by reason of force majeure, which is defined for this Agreement to mean an event that is beyond the reasonable control of the party affected and occurs without such party’s fault or negligence.

Arbitration

1. If any dispute arises between a Shearer And Find My Crew, the following procedures apply –
   1. If the dispute is not resolved within 14 days, the parties agree to refer the matter to a mediator in accordance with the following procedure –
      1. the parties agree to hire a mediator to mediate over the dispute;
      2. the mediation will take place via an agreed video conferencing platform; and
      3. the mediator will follow the mediation procedure set out by the Resolution Institute. A copy of the mediation rules may be accessed at this website: https://www.resolution.institute/documents/item/1897
   2. If the mediation process fails, the parties agree to refer the matter to an arbitrator in accordance with the following procedures –
      1. the arbitration is to be conducted by a single arbitrator who is to be agreed by the parties;
      2. if the parties are unable to agree on the arbitrator within 14 days, the arbitrator is to be appointed by the President of the Institute of Arbitrators Australia;
      3. the arbitration will be conducted in accordance with the Rules of Conduct of commercial arbitrators and any guidelines issued by the Institute of Arbitrators; and
      4. the parties agree that the decision of the arbitrator is binding on the parties.
2. The costs of mediation or arbitration are to be shared equally between the parties.

No Waiver

1. A failure or delay by Find My Crew in exercising a right does not constitute a waiver of Find My Crew’s rights to pursue an action.

No Assignment of Agreement

1. The Shearer is not allowed to sell, assign, sub-lease or transfer this Agreement to anyone else.

Modification of Agreement

1. Find My Crew may change this Agreement from time to time upon written notice to the Shearer.
2. Subject to clause 93 –
   1. a Shearer who continues to use the Find My Crew website and accepts shearing jobs is considered to accept the new terms as updated from time to time; and
   2. it is the responsibility of the Shearer to read through the amended terms and conditions as required from time to time.

Notice

1. Notices provided under this Agreement may be provided by –
   1. email;
   2. any other form of electronic communication, including via the Find My Crew website; or
   3. by any other means used on a regular basis by both parties.

Severability

1. This Agreement is to be interpreted in a way that renders the provisions valid and enforceable to the maximum extent possible.

Governing Law

1. This Agreement is governed by the laws of South Australia. The parties submit to the non-exclusive jurisdiction of the courts of South Australia.

Entire Agreement

1. This Agreement represents the entire agreement between the parties, along with any documents referred to herein. This Agreement supersedes any previous understandings or agreements, whether oral or written.

Definitions

1. The following words carry the following meanings:
   1. Agreement means this document as amended from time to time along with any documents referred to in this document;
   2. Australian Consumer Law means the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth)
   3. Code of Conduct means the Find My Crew Shearer Code of Conduct.
   4. Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
   5. Shearer means the person who has contracted with Find My Crew to become a Shearer through the Find My Crew online website platform;
   6. Event of Termination means those events set out in clauses 17 – 20.
   7. Find My Crew means Find My Crew Pty Ltd;
   8. Find My Crew Platform means the online Website, where Shearer and Growers are connected by Find My Crew.
   9. Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
   10. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to this Agreement or otherwise;
   11. Policies means the Payment Policy, the Privacy Policy, and the Shearer Code of Conduct;
   12. Privacy Policy means the Find My Crew Privacy Policy;
   13. Written Notice includes notification given by email or SMS.

Interpretation

1. In the interpretation of this Agreement:
   1. every aspect of this document with the exception of the headings are substantive parts of this Agreement and are to be read accordingly;
   2. headings are used for convenience, but are not to be interpreted as part of this Agreement;
   3. when the singular is mentioned, it also means the plural of that word, and vice versa;
   4. words specifying one gender includes all other genders; and
   5. when legislation is referred to, the legislation includes all rules, ordinances, by laws, orders, regulations, consolidations, rewrites, amendments, re-enactments and replacements of that same legislation.
2. In the event of any inconsistency between the provisions of this Agreement and the Payment Policy, this Agreement shall prevail.