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Terms & Conditions

Last updated: [DATE]

These Terms and Conditions ("Terms") govern your use of Farmwork4u (the "Platform", "we", "us", "our"), operated by Ward Exelmans (ABN to be issued) of Victoria, Australia. By using the Platform, paying for access, or submitting a listing, you agree to these Terms. If you do not agree, do not use the Platform.

1. What Farmwork4u is

1.1 Farmwork4u is an online directory that publishes listings of Australian regional employers who have indicated they are actively hiring Working Holiday Visa ("WHV") backpackers.

1.2 We provide access to these listings. We do not:

  • employ, engage, or sponsor any worker;
  • act as a labour-hire agency, recruitment agency, or employment service;
  • process job applications or mediate communications between backpackers and employers;
  • handle, withhold, or pay wages;
  • guarantee that any listed work qualifies toward the WHV regional work requirement (commonly known as the "88-day" requirement);
  • guarantee that any employer will respond to enquiries, hire you, or offer work.

1.3 Once you have access to the directory, you contact employers directly using the information on their listing. Any resulting arrangement is solely between you and the employer.

2. Who can use the Platform

2.1 You must be at least 18 years old to use the Platform.

2.2 By using the Platform, you confirm that the information you provide about yourself is accurate and current.

2.3 The Platform is intended for:

  • (a) backpackers who hold, or are eligible to hold, an Australian Working Holiday Visa (subclass 417 or 462) and who are seeking regional work; and
  • (b) Australian employers offering regional work to WHV holders.

3. Backpacker access and payment

3.1 Backpacker access to the directory is granted in exchange for a one-time fee of AUD 12 ("Access Fee"), processed through our payment provider.

3.2 Access is granted to the individual who paid the Access Fee. You may not share, resell, transfer, or sublicense your access.

3.3 Access is intended to remain available for the operational lifetime of the Platform. We do not guarantee any minimum period of availability. If we permanently shut down the Platform, we will give reasonable notice where possible.

3.4 Refunds. All sales are final. Because access to the directory is granted immediately upon payment and consists of digital content that cannot be returned, we do not offer refunds, exchanges, or credits once payment has been received. This clause does not exclude, restrict, or modify any rights or remedies you may have under the Australian Consumer Law that cannot be excluded.

3.5 Payments are processed by our payment provider and are subject to their own terms and privacy policy. We do not store your full credit card details.

4. Employer listings

4.1 Listings are submitted by employers via our online form. By submitting a listing, you (the employer) agree to these Terms.

4.2 Listings are currently published free of charge. We reserve the right to introduce paid listing tiers in the future, with reasonable notice to existing listed employers.

4.3 As an employer submitting a listing, you warrant that:

  • (a) you have the authority to represent the farm or business listed;
  • (b) the information you provide is accurate, current, and not misleading;
  • (c) the work offered is genuine and lawful under Australian law, including the Fair Work Act 2009 (Cth);
  • (d) you will pay workers at or above the applicable minimum wage and entitlements;
  • (e) where you indicate work qualifies for the WHV regional work requirement, you reasonably believe this to be the case under the relevant Department of Home Affairs criteria;
  • (f) you will update or notify us promptly if your hiring status or listing details change.

4.4 We reserve the right to edit, suspend, or remove any listing at our discretion, including listings we believe contain inaccurate, misleading, unlawful, exploitative, or scam content.

4.5 You may request removal of your listing at any time by emailing ward@farmwork4u.com.

5. Verification

5.1 We make reasonable efforts to verify that listed employers are real businesses actively hiring WHV backpackers at the time of listing. "Verified" on the Platform means we have taken steps such as confirming contact details, ABN where provided, and a stated intention to hire.

5.2 Verification is not a guarantee of:

  • the ongoing accuracy of any listing;
  • the safety, legality, or quality of the work;
  • the conduct of any employer;
  • whether any work performed will be accepted by the Department of Home Affairs toward the WHV regional work requirement.

5.3 You are responsible for performing your own due diligence before contacting or accepting work from any employer listed, including confirming visa eligibility of the work directly with the Department of Home Affairs.

6. Acceptable use

6.1 You agree not to:

  • (a) scrape, copy, mirror, or systematically extract data from the Platform;
  • (b) resell, redistribute, or republish listings or directory content;
  • (c) share your access credentials with any other person;
  • (d) use the Platform to send unsolicited commercial communications to listed employers;
  • (e) submit false, misleading, or fraudulent listings or information;
  • (f) use the Platform for any unlawful purpose or in breach of any Australian law;
  • (g) interfere with, disrupt, or attempt to gain unauthorised access to the Platform or its underlying systems.

6.2 We may suspend or terminate your access without refund if we reasonably believe you have breached this section.

6.3 Commitments to employers. If you contact an employer through the Platform and agree to attend or undertake work, you are expected to honour that commitment, or to notify the employer promptly if your plans change. Repeatedly agreeing to work and then failing to attend without reasonable notice ("no-shows") harms employers and undermines the Platform for other users.

6.4 Reporting and consequences. Employers may report a backpacker who agreed to work and then failed to attend without reasonable notice. Where we receive credible reports that a user has repeatedly done so, we may, at our discretion and after considering the circumstances, issue a warning and ultimately suspend or terminate that user's access to the Platform without refund. We are not obliged to act on any single report and will exercise this discretion reasonably.

7. Disclaimers

7.1 The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we make no warranties or representations about the accuracy, reliability, completeness, or timeliness of any listing or other content on the Platform.

7.2 We are not a party to any arrangement, contract, or dispute between a backpacker and an employer. We are not responsible for:

  • the conduct, acts, or omissions of any employer or backpacker;
  • the conditions, safety, pay, or legality of any work undertaken;
  • whether any work undertaken qualifies toward the WHV regional work requirement;
  • any loss, injury, or damage arising from your use of, or reliance on, information published on the Platform.

7.3 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be excluded.

8. Limitation of liability

8.1 To the maximum extent permitted by law, our total liability to you for any claim arising out of or in connection with the Platform or these Terms is limited to the amount you paid us in the 12 months preceding the claim (which, for most backpacker users, will be AUD 12).

8.2 To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive loss or damage, including loss of profit, loss of opportunity, loss of data, or loss of wages.

8.3 Where the Australian Consumer Law applies and our liability cannot be excluded, our liability is, where permitted, limited to (at our option) supplying the services again or refunding the Access Fee paid.

9. Intellectual property

9.1 All content on the Platform - including the directory structure, layout, text, branding, and the Farmwork4u name - is owned by Ward Exelmans or licensed to us.

9.2 You are granted a personal, non-transferable, non-exclusive licence to view and use the directory for your own job-seeking or hiring purposes. All other rights are reserved.

9.3 Employers retain ownership of the content they submit but grant us a worldwide, royalty-free licence to publish, edit, and display that content on the Platform for as long as the listing is active.

10. Account suspension and termination

10.1 We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have breached these Terms or used the Platform inappropriately.

10.2 You may stop using the Platform at any time. Backpacker access fees are non-refundable as set out in clause 3.4.

11. Changes to these Terms

11.1 We may update these Terms from time to time. The current version will always be available on the Platform with a "Last updated" date.

11.2 Material changes will be notified by email to registered users where reasonable. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

12. Governing law and jurisdiction

12.1 These Terms are governed by the laws of Victoria, Australia.

12.2 You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.

13. Contact

For any questions about these Terms, email ward@farmwork4u.com.

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