Welcome to Nvoi, a website providing skilled worker exchanges that foster and encourage contingent employment services. Our website www.meetnvoi.com (the “platform”) is operated and provided by Nvoi Australia Pty Ltd ABN 59 167 434 326 and our related bodies corporate (as defined in the Corporations Act 2001 (Cth)) (“we”, “us”, “our”).
Please read this agreement carefully.
In addition to your other responsibilities, you agree to:
In addition to our other responsibilities, we will:
This agreement and the transactions contemplated by it constitute the entire agreement with you to access the platform, and supersedes all prior representations and agreements.
This agreement will be governed by and construed in accordance with the laws in the State of New South Wales. You hereby irrevocably and unconditionally submit to the jurisdiction of the courts of New South Wales and any courts that have jurisdiction to hear appeals from any of those courts and waive any right to object to any proceedings being brought in those courts.
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a competent jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect, and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
The obligations in clauses 4, 5, 7 and 9 of this agreement are continuing obligations, separate and independent from any other obligations, and survive termination of this agreement.
Any disputes arising in connection with this agreement which cannot be settled by negotiation between you and us or our representatives will be submitted to arbitration in accordance with the Rules of Conduct of Commercial Arbitrations of the Institute of Arbitrators and Mediators Australia. During such arbitration, all parties may be represented by any representative of their choosing.
To the extent permitted by law, and without excluding, restricting or modifying any rights or remedies to which you may be entitled at law, including under any applicable consumer guarantee provisions of the Australian Consumer Law:
Each party indemnifies the other party, its related bodies corporate and representatives of the other party and its related bodies corporate against any loss arising from:
to the extent that such loss is caused by an act or omission of the first party, its related bodies corporate or its representatives in connection with this agreement.
In addition, you must pay to us on demand an amount equal to all losses, damages, liabilities, charges, expenses, compensation, fines, penalties, payment outgoings or costs and all related costs and expenses (including reasonable legal fees and reasonable costs of investigation, litigation, settlement, judgment, appeal, interest and penalties) of any nature or kind, however it arises and whether it is present or future, fixed or unascertained, actual or contingent, suffered or incurred by us or any related body corporate of us arising from or in connection with any claims, alleged claims, actions, suits or proceedings by any person of any nature or kind ("claim") by a third-party against us to the extent that such claim arises from or in connection with any:
The terms of the above indemnities do not operate to modify, restrict or exclude any claim that you may be entitled to make under the Australian Consumer Law.
Any notice or communication given by us to you under this agreement will be posted to your contact information on the platform.
Any notice or communication given by you to us under this agreement will be posted to our “help/contact” page on the platform.