Welcome to Map Consulting Group. This online platform (Platform) is operated by Map Consulting Group Pty Ltd ACN 619 699 160 or its successors and assignees (we, our or us).  It is available at: www.mapconsultinggroup.com.au/ and may be available through other addresses or channels.

In these terms and conditions, Platform refers to our marketplace regardless of how you access it.

The Platform facilitates the connection of mature age professional consultants from across a range of management, public policy, marketing and other fields (Consultants), with not-for-profit organisations that require management services and advice (Clients). These Terms and Conditions outline the terms and conditions upon which we will provide you with the services described below (Services).

Acceptance

By accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you or a User) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms) and you understand them; (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us and are at least 18 years of age; and (3) agree to use the Platform in accordance with these Terms. These Terms are binding on you from the date on which we provide you with an account to enable you to use the Platform (Account).

If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

These Terms supplement and incorporate our policies and terms and conditions posted on the Platform.

Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.

Accounts and Registration

  • You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform.
  • You must provide basic information as set out on the Platform when registering for an Account including your name and email address.
  • You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
  • Please keep all your Account details confidential as you will be liable for all activity on your Account whether or not you authorised such activities or actions.
  • You will immediately notify us of any unauthorised use of your Account.
  • If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.

Consultants

  • This clause is only applicable to Consultants and “you” is a reference to the Consultant.
  • When creating an Account you warrant that you are entitled to work in Australia or New Zealand legally.
  • In order to register for an Account, Consultants must be approved. You must provide us with information to ensure we can adequately provide the Services to you including your curriculum vitae/resume, references and any other information we reasonably request from you. When accepting these Terms you agree that we can market your qualifications, skills and experience online and in any other manner to attract business and provide you with the Services.
  • As part of the Services, we will provide your personal information to Clients you wish to provide your services to. You consent to the disclosure of this personal information to Clients when you provide it to us. Clients will be bound by these Terms and our Privacy Policy when viewing and using your personal information.
  • We cannot guarantee that you will be offered work or a contract through the Platform but we will try our best to match you with Clients.
  • You must provide the services to the Client in accordance with the Service Order Form (defined below).
  • We recommend that you obtain appropriate insurance for supplying your professional services. If you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.
  • You agree and acknowledge that where you are engaged as an independent consultant by a Client you are responsible for any relevant payments including superannuation and taxation. We will not be responsible or liable for making these payments.

Clients

  • This clause is only applicable to Clients and “you” is a reference to the Client.
  • We will endeavour to provide you with highly qualified professionals. However, there may be circumstances where, for whatever reason, the Consultant you engage is unable to complete the services outlined in the Service Order Form (defined below). To the maximum extent permitted by law, we are under no obligation to refund any Service Fees (defined below) and we will use our best endeavours to provide you with a suitable replacement Consultant.
  • Payments of any Consultant Fee (defined below) are a matter agreed between Consultants and Clients.

Services

  • The Platform provides an introductory service for Consultants and Clients.
  • Clients may approach us with a project description and a need for the professional services of a Consultant. We will then review our database of Consultants and make recommendations to Clients for appropriate Consultants for the project.
  • Once a Consultant has been matched with a Client, we will provide the Consultant and Client with details of how to communicate with each other.
  • The Consultant and the Client must complete a service order form outlining the services to be provided by the Consultant and including our fees as set out below (Service Order Form).
  • Each Service Order Form is an offer by the Client to engage the Consultant and for the Consultant to provide their services to the Client. The Consultant must accept the Service Order Form in writing.
  • Once a Consultant has provided the professional services requested by a Client, the Consultant must provide notice to us that the engagement is complete (Completed Engagement).
  • You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. We are not an employment agency or labour hire business and Consultants are independent third party contractors not our employees, contractors, partners or agents.
  • We are not a party to any agreement entered into between a Consultant and a Client. We have no control over the conduct of Consultants, Clients or any other users of the Platform.
  • We accept no liability for any aspect of the Client and Consultant interaction, including but not limited to the provision of professional services offered.

Fees and Payments

(a)         It is free to register an Account on the Platform.

(b)        Consultants and Clients agree to any fees payable for services (Consultant Fee) between themselves as set out in the Service Order Form, provided that any fees charged are within our fee cap as set out on the Site (Cap).

(c)         We will charge a service fee (Service Fee) to the Client for the use of our Platform and introducing the Consultant to the Client. Where the Client engages the Consultant our Service Fees (ex GST) are as follows:

(1)        where the Consultant is engaged as an independent contractor by the Client, 13% of the Consultant Fee.

(2)        where the Consultant is engaged as a fixed term employee 15% of the total remuneration package (including superannuation, bonus and any other payments) for the entire term of the Consultant’s employment.

(3)        where the Consultant is engaged as a permanent employee 17% of the total remuneration package (including superannuation, bonus and any other payments) for the Consultant’s first year of employment.

(d)        We will invoice the Client for our Service Fee separately upon acceptance of the Service Order Form by both the Client and Consultant. The Client must pay us the applicable Service Fee within 7 days of the date of the invoice.

(e)         The invoice will set out our Service Fee and payment methods.

Prohibited conduct

We want our Users to be able to connect and communicate freely on the Platform, however we need to impose certain limits to ensure everyone’s enjoyment and use of the Platform. To this end, you must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

  • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  • using our Platform to defame, harass, threaten, menace or offend any person;
  • interfering with any user using our Platform;
  • tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
  • anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations, employment, superannuation and workplace health and safety laws;
  • using our Platform to find a Client or Consultant independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;
  • as a Consultant, offering any services that you do not intend to honour or cannot provide;
  • as a Client, making any offers to Consultants that you do not intend to honour;
  • using our Platform to send unsolicited email messages; or
  • facilitating or assisting a third party to do any of the above acts.

Your use of the Platform

Licence: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Non-Solicitation: The Platform supports the engagement of mature age professionals and not-for-profits. Our expectation is that you use our Platform in good faith and continue to use the Platform to support mature age professionals and not-for-profits.  We request that you do not use our Platform, including the information and materials available on it (Content), in any way that competes with our business including contacting Consultants or Clients directly to perform or request services or engagements outside of the Platform. If you breach this term, we may hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Third party sites: Our Platform may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Information

The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

(a)         copy or use, in whole or in part, any Content;

(b)        reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)         breach any intellectual property rights connected with our Platform, including (without limitation) by:

(1)        altering or modifying any of the Content;

(2)        causing any of the Content to be framed or embedded in another website; or

(3)        creating derivative works from the Content.

Consumer Guarantees

(a)         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 you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

(b)        Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Consultants and Clients including (without limitation) that:

(a)         they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b)        access will be uninterrupted, error-free and free from viruses;

(c)         our Platform will be secure;

(d)        professional services provided by a Consultant will be of a particular standard other than stated in the Service Order Form; or

(e)         Clients will request the services of a particular Consultant.

You read, use, and act on our Platform and the Content at your own risk.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

(a)         our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and

(b)        we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated 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.

(c)         Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:

(1)        event or circumstance beyond our reasonable control;

(2)        acts or omissions of you or your personnel;

(3)        any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;

(4)        use of the Platform and/or Content;

(5)        interaction you have with other users whether in person or online;

(6)        any injury or loss to any person;

(7)        Content which is incorrect, incomplete or out-of-date; or

(8)        breach of these Terms or any law.

(d)        You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

(e)         This clause will survive the termination or expiry of these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination

(a)         You may cancel your Account and terminate these Terms at any time by contacting us via the contact details set out at the end of these Terms. We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.

(b)        At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Consultant your professional services at any time fail to meet any applicable quality or eligibility criteria or (iii) we have received complaints about you including due to repeated failure to meet Service Order Form requirements or adhere to relevant professional standards.

Disputes concerning these Terms

We encourage Consultants and Clients to attempt to resolve disputes relating to the engagement of Consultants directly between the relevant parties. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Protection of your Privacy

  • We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
  • We may disclose that information to third party Consultants who help us deliver our services (including information technology Consultants, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
  • We take your privacy seriously and if you are interested in information on how we protect your personal information, please refer to our Privacy Policy. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
  • By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Assignment

You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable.  If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Platform and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform may be accessed throughout Australia and overseas.  We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:

Map Consulting Group Pty Ltd ACN 619 699 160

Email: admin@mapconsultinggroup.com.au

Phone: 0411 019 828

Last update: 16 August 2018

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